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> All on the up and up. Unfortunately, trademark law in most jurisdictions allows manufacturers to effectively prohibit importing and selling goods obtained ch
by mr_toad 8y ago
> All on the up and up.
Unfortunately, trademark law in most jurisdictions allows manufacturers to effectively prohibit importing and selling goods obtained cheaply overseas and reselling them in direct competition with ‘legitimate’ distributors.
This allows manufacturers to engage in price differentiation, to the detriment of consumers. As with most IP law it mainly serves to enrich those in a position to exploit it.
- jjeaff 8y agoI don't think think I agree. The first sale doctrine protects the resale of lawfully purchased, legitimate products. The kirtsaeng v Wiley supreme Court case affirmed the right of sellers to import international versions of textbooks for resale in the US. This resulted in a reversal of Omega watches v Costco where Omega had argued that Costco couldn't resell their watches in the US. https://en.m.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc https://en.m.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_....
- mr_toad 8y agoThat’s an interesting case; historically courts have ruled that the first sale doctrine doesn’t apply to overseas manufactured goods, since they were never legally sold in the US. However, the case doesn’t necessarily create a precedent. There was a four judge majority, with one judge concurring, but with a different opinion. Also, it was a copyright lawsuit, not a trademark lawsuit, so it doesn’t necessarily set a precedent for trademark disputes.