3 ms·
You are pretty much saying "Well the earth has gravity, so gravity must apply here." No, trademark has nothing to do with this. If anything, right of first sal
by dsl 15y ago
You are pretty much saying "Well the earth has gravity, so gravity must apply here." No, trademark has nothing to do with this.
If anything, right of first sale (remember GameStop buys games in bulk from publishers) protects them.
- kragen 15y agoI didn't realize there was a "right of first sale" in trademark law (obviously I'm not a lawyer) but what Wikipedia says about it is this: > With reference to trade in tangible merchandise, such as the retailing of goods bearing a trademark, the "first sale" rule serves to immunize a reseller from infringement liability. Such protection to the reseller extends to the point where said goods have not been altered so as to be materially different from those originating from the trademark owner. It seems to me that removing coupons from the box is "altering goods so as to be materially different from those originating from the trademark owner".
- corin_ 15y agoAn OnLive coupon is absoolutely nothing to do with the trademark it is a seperate item that happens to come with it. They may have broken their contract, we don't know, but this has absolutely nothing to do with trademarks.