Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Sebastian Intern., Inc. v. Consumer Contacts, 847 F.2d 1093 (3d Cir. 1988) The first sale rule is statutory, but finds its origins in the common law aversion to limiting the alienation of personal property. See Burke & Van Heusen, Inc. v. Arrow Drug, Inc., 233 F.Supp. 881, 883 (E.D.Pa.1964); Colby, The First Sale Doctrine -- The Defense That Never Was?, 32 J. Copyright Soc'y U.S.A. 77, 89 (1984). See also H.R.Rep. No. 987, 98th Cong., 2d Sess. 2, reprinted in 1984 U.S. Code Cong. & Admin.News 2898, 2899 ("the first sale doctrine has its roots in the English common law rule against restraints on alienation of property"); 2 M. Nimmer, The Law of Copyright § 8.12 (1987). There is, however, an economic reason for the rule as well. As the district court said in Burke & Van Heusen, "the ultimate question under the `first sale' doctrine is whether or not there has been such a disposition of the copyrighted article that 1097 it may fairly be said that the copyright proprietor has received his reward for its use." 233 F.Supp. at 884. See Platt & Munk Co. v. Republic Graphics, Inc., 315 F.2d 847, 854 (2d Cir.1963) . See also Cosmair, Inc. v. Dynamite Enters., Corp., No. 85-0651, slip op. (S.D.Fla. Apr. 9, 1985) (1985 WL 2209).