Legal Question in Intellectual Property in Florida

Right to sell trademarked material

Purchased 1500 like items at an unclaimed freight/warehouse

charges private sale. In attempting to sell these items the

main distributor in Miami is claiming since I am not one

of his ''exclusive distributors'' (2 in USA and 10 outside

USA) that I cannot sell these citing trademark/patent

rights. The complaining corporation does not directly

hold trademark/patent rights but is in close association

with a corporation that does. Distributor has already

interferred in sale to one of the overseas ''exclusive

distributors'' causing me to lose a $30,000 sale. Price

of a single item on the corporation website is $150.

What rights do I have to sell these trademarked items??

Can trademark owners or their agents dictate who may

sell their items? Does the fact that they ''let them

get away from them'' because of unclaimed sale grant

me any rights to sell I might not otherwise enjoy?

Thank you.


Asked on 6/03/02, 2:13 pm

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: Right to sell trademarked material

Under the "first sale doctrine", a trademark owner cannot prevent use of its trademark when the goods have previously been sold. In other words, if you purchased the items at the unclaimed freight/warehouse charges private sale from anyone other than the manufacturer, then you are probably allowed to resell the items without infringing the manufacturer's trademark.

You should consult a trademark attorney. An attorney would need the details of your situation before he could advise you.

D. Alexander Floum is an experienced intellectual property attorney and a law school professor in trademark law.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 6/03/02, 2:58 pm


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