De-FUD: What is SCOTUS Doing with the Omega Case? January 7, 2010
Today on TechDirt, Mike Masnick wrote a post titled: Supreme Court Considers Case Over Using Copyright Law To Block Import Of Gray Market Goods. Mike is usally pretty good about getting the law right, but we thought this could use a little clarification.
The case (PDF of the opinion) was decided by the 9th Circuit in September 2008. In involves whether Omega, the watch company, can use US Copyright Law to stop the importing of grey market goods – products that are made by Omega, but not imported using a certified Omega importer.
After the 9th Circuit decision, Costco peititioned the Supreme Court to hear the case. Right now the Supreme Court hasn’t decided to hear the case. What they have done is ask the US Government (through the Solicitor General) to weigh in on whether they should hear the case. The case docket doesn’t indicate that the Solicitor General has submitted a brief yet.
So, currently it’s up in the air as to whether or not the Supreme Court will hear the case.
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