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What is the meaning of First Sale Doctrine in regard to trademark or copyright law?
Wiki User
∙ 16y ago
The "first sale" of a protected product is the only one the copyright owner can control. For example, a copyright owner of a book has the exclusive right to publish and distribute his book, but once a particular book is sold, he or she has no right to prevent anyone from advertising and selling the same book (i.e., that lawfully obtained copy) to others.
Similarly, the owner of a patented invention in a product who sells the product to another person cannot prevent the buyer from reselling the product, and the owner of a trademark on a product cannot prevent a purchaser from truthfully advertising the same product for sale again, using the name brand (this is also sometimes called "fair use" of trademark). This does not apply to contractual distributorship channels where a manufacturer controls its distributors, but once the products are sold to the public, anyone at all can resell them to others.
Wiki User
∙ 16y ago
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