6 ms·

The playbook applies to what people do after they bought a product? I would think the first-sale doctrine (or sale rights exhaustion) applies; once Krispy Kreme

by zaarn 7y ago

The playbook applies to what people do after they bought a product? I would think the first-sale doctrine (or sale rights exhaustion) applies; once Krispy Kreme has sold the product to the college kid, they exhaust all rights over him to determine what he does to the donuts. He's not their employee after all and the playbook does not apply. If there is a food safety issue, it will be on that kid, not the donut shop.

twblalock 7y ago
> He's not their employee after all and the playbook does not apply. If there is a food safety issue, it will be on that kid, not the donut shop. Some people would still blame the donut shop.
- zaarn 7y ago
  And the donut shop can do absolutely 0 to stop that. They exhausted their first sale doctrine, they can't stop someone from selling a rotten donut (the law can, not the donut shop).
  - deleted 7y ago
    [deleted]
  - mattmanser 7y ago
    They can force him to stop using their branding, so definitely more than 0.
    - zaarn 7y ago
      Nope, they actually can't stop him from selling the donuts with their branding on it (or using the boxes with their branding on it to hold the donuts while selling them). They can stop him advertising using their branding, like on a facebook group, but that's largely the extend of it. The first sale doctrine extends to trademark protections as well, if I buy a thing with a trademark on it, the trademark owner cannot stop me from selling it with that trademark on it.
      - mattmanser 7y ago
        They can force him to stop using their branding, so definitely more than 0. I don't really know how clearer it can be, that's exactly what they did, and it's totally enforceable because he's calling himself "Krispy Kreme Run Minnesota". Not "2nd Hand Donut Run" or "Donuts R Us". He's passing himself off as associated with the company. Whether he realises, or intended to, or not. I don't believe he did, but you can't call yourself a name with a branded trademark and be surprised when they shut you down. Imagine if a bookstore opened calling itself "Amazon Bookstore" with a facebook page plastered with Amazon packaging, just like this guy has done? Think that'd stay open long? You can say "Nope" again, but you're still wrong.
        zaarn 7y ago
        They can stop usage of the branding in advertising but they cannot stop the sale of their donuts. End of story, they can do 0 about that, I don't know why you bring the facebook page into this.

by zaarn 7y ago

twblalock 7y ago

> He's not their employee after all and the playbook does not apply. If there is a food safety issue, it will be on that kid, not the donut shop. Some people would still blame the donut shop.

zaarn 7y ago
And the donut shop can do absolutely 0 to stop that. They exhausted their first sale doctrine, they can't stop someone from selling a rotten donut (the law can, not the donut shop).
- deleted 7y ago
  [deleted]
- mattmanser 7y ago
  They can force him to stop using their branding, so definitely more than 0.
  - zaarn 7y ago
    Nope, they actually can't stop him from selling the donuts with their branding on it (or using the boxes with their branding on it to hold the donuts while selling them). They can stop him advertising using their branding, like on a facebook group, but that's largely the extend of it. The first sale doctrine extends to trademark protections as well, if I buy a thing with a trademark on it, the trademark owner cannot stop me from selling it with that trademark on it.
    - mattmanser 7y ago
      They can force him to stop using their branding, so definitely more than 0. I don't really know how clearer it can be, that's exactly what they did, and it's totally enforceable because he's calling himself "Krispy Kreme Run Minnesota". Not "2nd Hand Donut Run" or "Donuts R Us". He's passing himself off as associated with the company. Whether he realises, or intended to, or not. I don't believe he did, but you can't call yourself a name with a branded trademark and be surprised when they shut you down. Imagine if a bookstore opened calling itself "Amazon Bookstore" with a facebook page plastered with Amazon packaging, just like this guy has done? Think that'd stay open long? You can say "Nope" again, but you're still wrong.
      - zaarn 7y ago
        They can stop usage of the branding in advertising but they cannot stop the sale of their donuts. End of story, they can do 0 about that, I don't know why you bring the facebook page into this.