Enforcing The First Sale Doctrine

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Enforcing The First Sale Doctrine

How do you enforce your trademarks against the 1st Sale Doctrine defense?

#Trademarks #1stSaleDoctrine #BrandProtection #Amazon

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Video Transcript:

Enforcing The First Sale Doctrine

Hey guys! Matt with eEnforce here and you know, excuse the appearance, the sunglasses, its bright out here.  I decided to take a little field trip out here today because I’m actually gonna wrap in a couple of metaphors here, but we’re gonna talk about is how you can actually destroy the First Sale Doctrine.

There’s a lot of people right now, a lot of illegal sellers, a lot of unauthorized sellers, a lot of online policy and map violators,  that really stand behind the First Sale Doctrine and manipulate that, as you know an excuse to be able to violate these policies and everything else. So what I’ve learned in doing a lot of research is there’s a lot of big companies and big law firms that have already fought this out. Tons of court cases that you can reference, you can just simply look up, you know federal court cases pertaining to the Lanham Act or trademark enforcement. And what it comes down to is that in the United States you have the right, the right of the First Sale Doctrine  that you can use. Okay? As long as it doesn’t violate any laws that supersede that right.

So from this parking garage roof that we’re standing on there’s a lot of cars driving down there on the street and it got me thinking, how do I really compare that walking down the streetway to really annihilate that First Sale Doctrine defense? And here’s what it is, if you walk into a car dealership and you buy…  you can hear a car flying down the road right now as we speak right? That guy walked into a car dealership and bought that car and let’s say that it goes 200 miles an hour okay? He has the right to drive it,  he has the right to drive at 200 miles an hour as long as he doesn’t violate any other laws in the process okay? So when you acquire product, legally let’s just say, presumably legally, you have the right under the First Sale Doctrine  to turn around and sell that product anywhere you want for any price that you want. But you can’t violate any other laws in the process. What the federal court have deemed based on research I’ve done what other attorneys have explained to me is that they will uphold the fact that when you’ve got a properly structured trademark under the Lanham Act, which you don’t know if you do, you probably don’t need to talk to an attorney about that, but if you have a properly structured trademark under the Lanham Act, what happens is you now you have a law, a federal law that protects you, that you have the ability and the right to enforce against someone who’s violating your trademark even though they have the right to sell.

That car that flew by, had the right to drive it, has the right to drive as fast as they want, but he does not have the right to drive  as fast as he wants because he just violated the speed limit on that road. He violated a law and is punishable as long as that is enforced.

Next video what I’m gonna do is I’m actually gonna walk you guys through how to enforce the First Sale Doctrine. But what I want to make sure that you guys understand is that just because you have a right doesn’t mean that gives you the right to violate other laws while exercising the right. The First Sale Doctrine gives you the right to buy it legally, turn around resell it for any price that you see fit. It does not give you the right to violate a brand’s trademark in order to exercise your First Sale Doctrine  right. But now the brand is gonna be responsible for enforcing that. On  my next video I’m gonna walk you through exactly how to do that.