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First sale exhaustion doctrine

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U.S. trademark law Edit

Under the first sale exhaustion doctrine, there is no trademark infringement when the defendant is reselling a “genuine” good that bears the trademark.[1]

References Edit

  1. Sebastian Int'l v. Longs Drug Stores Corp., 53 F.3d 1073, 1074, 34 U.S.P.Q.2d (BNA) 1720 (9th Cir. 1995) (full-text) (“[C]ourts have recognized a basic limitation on the right of a trademark owner under the Lanham Act to control the distribution of its own products. . . . [T]he right of a producer to control distribution of its trademarked product does not extend beyond the first sale of the product. Resale by the first purchaser of the original article under the producer’s trademark is neither trademark infringement nor unfair competition.”).

See also Edit

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