In intellectual property parlance, the term “gray market goods” refers to products that are legitimately made, sold abroad, then brought into the United States and resold without the permission of the copyright or trademark holders. The hazy legal realm that these goods inhabit makes them a frequent subject of legal disputes–a state of affairs that the U.S. Supreme Court is expected to clarify when it considers Costco Wholesale Corp. v. Omega S.A. during the term that begins this month. (Oral arguments are scheduled for November 9.)

Depending on how the Court rules, the Costco case will determine whether copyright owners can use their intellectual property rights to shut down the gray market. It’s in their interest to do so: The availability of these products saps profits by undercutting the generally higher prices that comparable goods can fetch in the United States.

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