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The agreement you have to agree with is very interesting: https://www.livoxtech.com/3296f540ecf5458a8829e01cf429798e/downloads/No%20Resell%20clause.pdf https://
by fest 8y ago
The agreement you have to agree with is very interesting: https://www.livoxtech.com/3296f540ecf5458a8829e01cf429798e/downloads/No%20Resell%20clause.pdf https://www.livoxtech.com/3296f540ecf5458a8829e01cf429798e/d...
Does such an agreement have a legal force (in US/EU)? I get the patent laws and not violating the IP, but I find it strange that just the curiousity of seeing how it works can get lawyers attacking you.
- JoeAltmaier 8y agoRight I agree. What's that part about agreeing not to sell/resell? I can do what I damn well please with my property.
- late2part 8y agoSort of. Earlier this year, the Tenth Circuit court upheld a preliminary injunction granted in favor of an electronics equipment manufacturer against a reseller of its goods in a trademark infringement action. In Beltronics v. Midwest Inventory Distribution, the reseller (Midwest) argued that it was able to resell the manufacturer’s goods based on the first sale doctrine. The court, however, disagreed with this assessment and ruled that the resellers violated the manufacturer’s trademark rights because Midwest’s sales caused consumer confusion. https://www.theiplawblog.com/2009/12/articles/trademark-law/when-product-resales-are-not-protected-under-the-first-sale-doctrine/ https://www.theiplawblog.com/2009/12/articles/trademark-law/...
- tooop 8y agoThat is a totally different case because reseller was removing serial numbers from products which in return invalidated any support from Beltronics.
- jcoffland 8y agoYes that's right. US courts have ruled that if you buy something, you have the right to resell it regardless of silly agreements like this one. You do have to be careful how you represent trademarks.