5 ms·
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 sell
by 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 agoThey 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 agoThey 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.