This post is based on and expands upon an answer I provided on Quora. Resale by the first purchaser of the original article under the producer’s trademark is neither trademark infringement nor unfair competition.” The exceptions include, for example, stolen or counterfeit goods or goods that have avoided the producer’s quality control systems. Longs Drug Stores Corporation, the United States Court of Appeals for the Ninth Circuit wrote: “ith certain well-defined exceptions, the right of a producer to control distribution of its trademarked product does not extend beyond the first sale of the product. Trademarks – The trademark first sale doctrine is a product of case law rather than statute.So, for example, if you legitimately possess a book or a CD, you may sell it or give it to someone else or throw it into a trash bin. Consent of the copyright owner is not required. Copyrights – 17 USC Section 109(a) states, with certain exceptions, that the owner of a lawfully-made copy of a work may sell or dispose of the work.One pertains to copyrights, the other to trademarks : There is however, a well-known limit to those rights called the “ first sale doctrine“.Īctually, they are two separate but similar doctrines. Copyright and trademark owners typically like to exercise their legal rights as broadly as possible.
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