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Old 10-10-2012, 08:25 PM   #72
elcreative
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Quote:
Originally Posted by whitearrow View Post
I'm unaware of any trademark statute or case decision in the US that has involved the first sale doctrine. I also don't see companies attempting to pull down listings of used items on eBay or Craig's List just because they include trademarks. A quick look will show that there are thousands (if not more) at any given time.

Trademark law isn't designed to protect IP owners, unlike copyright and patent law -- it's to protect consumers from being confused as to which product originates from which company. I don't see how disallowing reselling of any item with a trademark (which is pretty much almost any packaged consumer good) would further that goal. A Toyota is a Toyota whether you buy it from a dealer or from Craig's List. Trademark law only comes into play when a car that's not really a Toyota is sold as one.

Not allowing most consumer goods to be resold because they include a trademark (or trade dress, presumably) would be such a huge upset to commercial markets that I just don't see any court making such a decision.
There were a bunch of takedowns involving Trademarked goods from fashion companies such as Gucci et al... they were on the basis that only people they licensed could sell such goods and the eBay sellers weren't licensed... mainly because the eBayers were discounting and were argued to be devaluing the trademarked goods...
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