Press Release
Washington DC, May 1, 2010 - Kenyon & Kenyon LLP Partner
Edward T. Colbert will appear in a radio interview airing on Sirius Satellite Radio and streaming live on bloomberg.com at 11:30am on Saturday, May 1, 2010. Mr. Colbert will discuss Costco v. Omega, a pending Supreme Court action in which the Court will decide whether copyright laws protect against U.S. products manufactured overseas from being sold on the shelves of U.S. stores. The case could potentially reshape the multi-billion dollar "gray market" and have a significant impact on the outsourcing of manufacturing operations.
In 1998, the Court applied the "first- sale doctrine," which says a copyright holder can profit only from the original sale of a product, to unanimously decide that copyrights could not be used to block U.S.-made products sold overseas from being brought back into the country through unauthorized channels. In
Costco v. Omega, the Court will address a U.S. Court of Appeals decision that the same reasoning does not apply to goods manufactured overseas, even though produced by the same company, and later sold in the U.S, meaning that U.S. copyright laws may continue to be used to block the importation of such goods.
About Kenyon & Kenyon LLP
Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and Silicon Valley.