"Wouldn't that be something to bring up to that professor and his supervisors? That is, if they will actually listen."
Nah, once you find law that supports you, it's time to go straight to their general counsel and say: "It's either give me what I want now or have a court tell you to give me what I want AND pay me a few thousand later, your choice."
As the watches were made outside of the United States, the Ninth Circuit ruled that the watches are not covered under the right of first sale because the right of first sale only covers items lawfully made under the Copyright Act (i.e. the Ninth Circuit says that the Copyright Act right of first sale protection applies to those items made within the United States OR imported into the US with permission of the copyright holder).
Since there is a copyrighted insignia on the watch protected under US copyright law, and since the SCOTUS and Ninth Circuit says that Costco has no right to resell the item, this means that Omega can allege copyright infringement on the basis of unlawful distribution.
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