2 ms·

All Amazon needs to do is get someone to go to a Birkenstock store and buy sandals and then sell them through Amazon. That's not the store selling to Amazon, it

All Amazon needs to do is get someone to go to a Birkenstock store and buy sandals and then sell them through Amazon. That's not the store selling to Amazon, it's selling to some customer who happens to then resell them on Amazon. The first-sale doctrine applies when Birkenstock is asking stores to figure out how to control what customers do with the sandals after they are sold.

eridius 9y ago
Birkenstock isn't asking stores to figure out how to control what customers are doing. The problem is Amazon is approaching the stores themselves and attempting to buy out their inventory. This has nothing to do with customers deciding to sell their purchased shoes to Amazon.