Monday, April 19, 2010

US Supreme Court to Hear Costco v. Omega Parallel Import Case

The United States Supreme Court has granted certiorari (i.e. it will hear the appeal) in the case of 08-1423 COSTCO WHOLESALE CORPORATION V. OMEGA, S.A

The fact situation is identical for all intents and purposes to the Kraft v. Euro Excellence case, from Canada's Supreme Court - in which I was involved as counsel on behalf of the Retail Council of Canada and in which our arguments on the "hypothetical maker" issue carried the day.

All eyes will be on this US case, which will be a very important milestone in the never ending "grey" or :"gray" market and "parallel import" wars.

It could be heard later this year.


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