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.

McDonald's v Shop At Home, 82 F.Supp.2d 801 (MD TN 2000): Sports Collectibles, Inc., Classic Collectibles, LLC., and Gary Fillers purchased a large number of Teenie Beanie Baby toys offered in McDonald's 1999 marketing campaign prior to the toys' release date. The Shop At Home television network then offered those toys for sale, giving consumers an opportunity to get the toy while bypassing the "drive through," or avoiding buying a McDonald's Happy Meal. McDonald's sought and obtained a preliminary injunction from the district court and then sought damages under state and federal laws. The defendants moved for summary judgment on the state and federal trademark and unfair competition counts of the Complaint. The defendants asserted that they were entitled to judgment as a matter of law because the undisputed facts show that they merely re-sold genuine, unaltered McDonald's toys, which does not violate any federal or state trademark or unfair competition laws and is protected by the "first sale doctrine." McDonald's asserted that summary judgment should be denied because the first sale doctrine is inapplicable in this case and because there was a disputed issue of material fact over whether the defendants misused McDonald's trademark. The court dismissed McDonald's claim that the defendants used deceptive trade practices to mislead the public about their affiliation with McDonald's as being without merit. Court ruled the first sale doctrine applied to this trademark case and found for the defendants.