The U.S. Supreme Court on Monday issued what could be the first of a number of 4-4 decisions this term in a case involving copyright infringement and the so-called “gray market.”
The justices were equally divided in Costco Wholesale Corp. v. Omega S.A. The discount retailer, Costco, had challenged a ruling by the 9th U.S. Circuit Court of Appeals that held that the first sale doctrine — a defense to copyright infringement — does not apply to goods manufactured abroad and imported to the United States.
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