Destroy The 1st Sale Doctrine

Play Video

Check out This Video:

Destroy The 1st Sale Doctrine

Understand how to destroy the 1stSale Doctrine Defense against trademark protection

#1stSaleDoctrine #Trademarks #BrandProtection #Amazon

Why Our Clients Hire Us

For almost a decade Fortune 100 companies and highly successful manufacturers have hired eEnforce for their ability to find the real identities of sellers and permanently stop them from infringing upon their trademarks on Amazon, eBay, Walmart & Google.

roadmap

Video Transcript:

Destroy The 1st Sale Doctrine

Hey guys! Here’s part two of destroying the First Sale Doctrine. But what I’m actually going to do is teach you now how to enforce against it. So I’m standing on top of a parking garage as I was a few minutes ago when I cut the last video, and I have the right to be here.  At what point do I no longer have the right to be standing on this parking garage? At the point when a security guard comes up here and asked me to leave because it’s private property. At the point when a police officer comes up here. At the point where maybe I see a sign that says I’m not allowed to be here. Until then I’m exercising my right to stand up here until I’m identified and enforced upon. And what it really comes down to is that you can’t enforce a violation, you can’t enforce a violation of your trademark unless you identify that it takes place. So the first thing you’ve got to be able to do is identify that violation is even taking place in the first place. Then secondarily is you have to determine where and who that violator is and what’s happening. 

I’m standing up on the… I don’t know six or seventh floor the roof of a parking garage, they can’t enforce or make me leave for trespassing unless they actually know that I’m here and find where I am and know specifically why they have to make me leave.  In this case it’s pretty cut-and-dry but hopefully after watching my last video on how to overcome that First Sale Doctrine you now understand the same thing too. So what makes it illegal for me to be here? The fact that if they chose to make this private property No-Trespassing and enforce it, they would now have the right to do that.

So how does that pertain to protecting your brand from… you know from people that are violating your trademark and using the First Sale Doctrine as a defense? It’s real simple, you’ve got to identify that violation, you have to find them out there, which is actually pretty simple to do nowadays with software or honestly even by hand. Then you have to find and identify that violator. That’s where it actually gets tricky because on Amazon and other platforms everyone operates underneath the screen name. You have to be able to pierce the veil of that identity, their anonymity which in most cases is nearly impossible to do unless you have these sophisticated tools or resources to be able to do that. Or muscle up and subpoena Amazon to be able to go about it that way. But bottom line is is that you have to identify the violation, you have to identify that violator, so that you can now hold them accountable for that specific violation and then using the best practices that you can structure based on the way that your trademark and your company is set up, you can now enforce that trademark violation to the maximum penalty of the law.

And let me walk you through. Kind of going by this analogy: they can post a sign, I’m gonna ignore it, No-Trespassing, don’t come up here, I’ll be gone soon enough so I don’t really care. They could send up a security guard, where the security guard really can only talk to me and say “Sir would you please leave or I’m calling the police”. If they’re serious about enforcing this property using that as an example, enforcing their trespassing, which we’ll use as the metaphor for trademark enforcement, they’ll call the cops and the cops can physically make me leave. Signs aren’t gonna cut it, even policies by themselves are not gonna cut it, sending out friendly notification services is not going to cut it. If you want to protect your company, if you want to protect your policies, if you want to protect your trademark from trespassers standing on the roof of your parking garage, you have to enforce it to the maximum extent allowable pursuant to the law. Which under the Lanham Act, which is the federal statute that governs that, you can actually take it pretty far.

But at the end of the day, your goal is just to make them disappear and make them go away. And you want to do that in the quickest most direct manner that you possibly can. I hope this has been helpful. I know a lot of you guys probably are gonna have questions for this, if you do shoot me an e-mail I’ll be happy to answer it for you at matt@e-enforce.com  I hope this has been helpful to you guys and I need to get out of here before I get enforced on!