Disenos Artisticos E Industriales, S.A. v. Costco Wholesale Corp.

This is a copyright case involving importation of Lladro figurines. We conclude that the defendant was entitled to summary judgment because the undisputed facts established implied authority for the importation.

FACTS

The copyrighted objects at issue in this case are Lladro figurines. These are decorative figurines designed for collection and display. They are copyrighted by the lead plaintiff, Disenos Artísticos E Industriales, S.A. (DAISA), a Spanish Corporation.

DAISA, the copyright owner, is part of a group of related corporations. Lladro Com-ercial, S.A. is the parent corporation, and through intermediaries, wholly owns DAISA. Lladro USA’s business strategy in the United States is to market the figurines only to select up-scale retailers. It spends considerable money on marketing to promote the reputation of the brand as high quality collectors’ items and supports auctions establishing a secondary market for the figurines.

DAISA, the copyright owner, does not manufacture the figurines itself. Nor does the parent corporation. Instead, DAISA licenses the copyright to four Spanish corporations, all affiliated with the Lladro group, and contracts with them to…