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First Sale Doctrine Lanham Act Tortious Interference

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
Lathrop GPM

South Carolina Federal Court Denies a Motion to Dismiss a Dietary Supplement Company’s Trademark Infringement Claims in Connection...

Lathrop GPM on

A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Knobbe Martens on

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

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