Brief of petitioner for Costco Wholesale Corp v Omega S A , 08-1423 - economics-files pomona-2025

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Despite being marketed as grain free and containing limited ingredient[s], Diamond pet food products sold under Costcos Kirkland brand allegedly contain cheap fillers. ing to plaintiffs Bradley Shaw and Thomas McCarthy, consumers wouldnt have purchased the products if they were aware of the allegedly
ing to the Costco hidden delivery fees lawsuit, the company misrepresents delivery fees on its website, leading consumers to believe they are receiving free or low-cost delivery when in fact the costs are hidden in the product prices.
Shipping Returns. This item is covered by Costcos guarantee to refund your purchase price if you are not completely satisfied. Costcos guarantee applies, even though this item may not be covered by the manufacturers warranty, because Costco is not an authorized dealer of the merchandise.
Shareholders: Costco Wholesale Corporation NameEquities% BlackRock Advisors LLC 6.092 % 2,70,41,443 6.092 % STATE STREET CORPORATION 4.074 % 1,80,85,371 4.074 % Geode Capital Management LLC 2.194 % 97,39,175 2.194 % Eaton Vance Management 2.157 % 95,74,648 2.157 %1 more row
Omega sued under the Copyright Act, claiming the sale of the watches was an infringement of their United States copyright. Costco defended on the grounds of the first sale doctrine, which currently provides a defense for reselling goods manufactured in the United States that are resold by retailers or distributors.
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