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 John Paul Mitchell v Randalls Food Markets, 17 S.W.3d 721 (TX 2000) Furthermore, the "first sale" doctrine precludes appellant from recovery under trademark infringement or unfair competition. Once Paul Mitchell sold its product to an authorized distributor, placing it into the stream of commerce, it had no right thereafter to control the distribution of its trademarked products. See Sebastian Int'l, Inc. v. Longs Drug Stores Corp., 53 F.3d 1073, 1074 (9th Cir.1995), cert. denied, 516 U.S. 914, 116 S.Ct. 302, 133 L.Ed.2d 207 (1995) (applying first sale doctrine to diverted salon products being sold by retail chain); Matrix, 988 F.2d at 593 (citing NEC Elecs. v. CAL Circuit Abco, 810 F.2d 1506 (9th Cir.), cert. denied, 484 U.S. 851, 108 S.Ct. 152, 98 L.Ed.2d 108 (1987)). There is sufficient evidence that Paul Mitchell routinely sells its products to authorized distributors; the particular distributor need not be identified to satisfy the first sale doctrine. See Quality King Distribs. v. L'anza Research Int'l, Inc., 523 U.S. 135, 118 S.Ct. 1125, 1128, 140 L.Ed.2d 254 (1998). The Fifth Circuit concluded that this doctrine precludes liability for trademark infringement and unfair competition under federal law for merely reselling a product without authorization. See Matrix, 988 F.2d at 593. We hold that the same is true under common law actions in Texas.