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Considering that trademarks have a long case law with being used to force redistributors offline (i.e. to force my app to not be available on Download.com); I t
by gjsman-1000 2y ago
Considering that trademarks have a long case law with being used to force redistributors offline (i.e. to force my app to not be available on Download.com); I think it is fair to say that it is well established that a trademark gives the owner total distribution control except where the first-sale doctrine intervenes (resale of a product acquired through a legal seller). That doctrine only exists for physical products though, and specifically for items that can be “bought.”
- akerl_ 2y agoCan you cite one of those cases?
- deleted 2y ago[deleted]
- yencabulator 2y agoIn the real world, Coca-Cola would "force a redistributor offline" by not selling them products, and setting up agreements with their distributors to limit who they can sell to. That's not trademark, and it doesn't transfer to free software.