News & Analysis as of

Retailers Costco

Goodwin

Celltrion Wins Costco Formulary Listing for its Recently Launched Ustekinumab

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Last week, we reported Celltrion’s U.S. launch of STEQEYMA® (ustekinumab-stba), a biosimilar of Janssen’s STELARA® (ustekinumab).  According to Celltrion, STEQEYMA® is being sold at a wholesale acquisition cost (WAC) list...more

K&L Gates LLP

Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman...

K&L Gates LLP on

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet &...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #307 – Credit Card Skimming Devices Found at Costco

Credit card skimming fraud continues to affect companies and their customers, causing businesses such as Costco to routinely inspect their PIN pads for the devices. ...more

Jones Day

JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions

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A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more

Goulston & Storrs PC

An Unintended Interruption to the Global Supply Chain

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The current outbreak of COVID-19 (the coronoavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans.  As a result...more

ArentFox Schiff

5-Hour Energy Drink Maker Allowed to Charge Higher Prices to Costco’s Competitors

ArentFox Schiff on

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more

BCLP

Price Discrimination Update: Living Essentials Jury Verdict

BCLP on

On October 21, 2019, a jury empaneled by the United States District Court for the Central District of California found that the makers of 5-Hour Energy “shots” did not violate the Robinson-Patman Act (“RPA”) by providing more...more

Laner Muchin, Ltd.

Recent Federal Decisions Highlight Breadth of Employers’ Obligations Under Title VII

Laner Muchin, Ltd. on

Recent federal court decisions serve as a timely reminder of an employer’s obligations under Title VII to protect employees from all unlawful harassment in the workplace, even if that harassment is perpetrated by someone...more

Patterson Belknap Webb & Tyler LLP

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

McDermott Will & Emery

First Sale and Copyright Misuse Doctrines Available to Extinguish Rights to Products Purchased in Gray Market - Omega S.A. v....

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In a short majority opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that once a copyright claimant conceded that it authorized a first sale of the watches in a foreign jurisdiction, the first sale doctrine...more

Foley Hoag LLP - Trademark, Copyright &...

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

Constangy, Brooks, Smith & Prophete, LLP

A Few Workplace-Related Things We Can Be Thankful For

From a labor and employment law standpoint, I’m not sure we have a lot to be thankful for this year. But ’tis the season, so here are a paltry few...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Monday – September 2014

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security....more

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