So there is no confusion, I'm not making a arguement out of thin air, this is the case law. Here is a decent article [1]published by the American Bar Associati

So there is no confusion, I'm not making a arguement out of thin air, this is the case law. Here is a decent article [1]published by the American Bar Association regarding the resale of "genuine" goods (not counterfeit) by unauthorized retailers. Skip to the "warranty policy and unauthorized dealer page" section, then "going to court". Note the exceptions to first sale doctrine include "material changes" to the trademark good, including non physical changes, then does a decent job of listing those changes recorgnized by the courts. [1] https://www.americanbar.org/publications/blt/2014/07/01_payne.html https://www.americanbar.org/publications/blt/2014/07/01_payn... Edit: from article regarding non-physical changes to trademark product, "Perhaps most commonly, differences in warranty protection coverage between authorized and unauthorized sales often lead to trademark infringement"