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Tabberone is pronounced tab ber won
not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


First Sale Doctrine / Trademarks

From Softman Prods. Co. v. Adobe Sys. Inc., 171 F. Supp. 2d 1075 (C.D. Cal. 2001)

Under the first sale doctrine, resale by the first purchaser of the original article under the producer's trademark is generally neither trademark infringement nor unfair competition. See Sebastian Int'l, Inc. v. Lonqs Drug Stores Corp., 53 F.3d 1073, 1074 (9th Cir. 1995). The rationale behind the rule is that "trademark law is designed to prevent sellers from confusing or deceiving consumers about the origin or make of a product, which confusion ordinarily does not exist when a genuine article bearing a true mark is sold." NEC Elecs., 810 F.2d at 1509 (sale of genuine trademarked product by seller unauthorized to sell not a violation of Lanham Act). Moreover, "[t]he 'first sale' rule is not rendered inapplicable merely because consumers erroneously believe the reseller is affiliated with or authorized by the producer." Sebastian, 53 F.3d at 1076.

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