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 McDonald's v Shop At Home, 82 F.Supp.2d 801 (MD TN 2000): The "first sale" doctrine, sometimes called the "exhaustion doctrine," is similar to the principle of the same name in copyright law. McCARTHY § 25:41. However, while the purpose of copyright law is to promote the progress of science and useful arts by assuring authors a fair return for their labors, trademark law's purpose is to protect a trademark owner's goodwill and allow consumers to make decisions based upon accurate information. Elliot M. Abramson, How Much Copying Under Copyright? Contradictions, Paradoxes, Inconsistencies, 61 Temp.L.Rev. 133, 151 (1988). When considering the doctrine under trademark, a markholder may no longer control branded goods after releasing them into the stream of commerce. After the first sale, the brandholder's control is deemed exhausted. Down-the-line retailers are free to display and advertise the branded goods. Secondhand dealers may advertise the branded merchandise for resale in competition with the sales of the markholder (so long as they do not misrepresent themselves as authorized agents). McCARTHY, § 25:41 (quoting Osawa Co. v. B & H Photo, 589 F.Supp. 1163, 1173 (S.D.N.Y.1984)). It does not matter that the owner of the trademark objects to the use of its mark, as long as one approved sale has already occurred. RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 24.