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LANHAM ACT and THE FIRST SALE DOCTRINE
NOTE: I am not an authorized dealer, distributor, reseller or wholesaler for the brand listed in this auction. I am not endorsed, sponsored or affiliated with the brand name owner. All brand names, logos, trademarks and intellectual property belong to the rights owner and are used for description purposes only. *** Notice to eBay VERO Program*** The description for this item has been written by me. The pictures have been taken with my camera & uploaded to my computer. All available merchandise is my personal property and has been obtained legitimately. In compliance with eBay policy and my own moral standards, I do not in any way offer or condone the production or sale of counterfeit items. All items I list are 100% authentic. If there is a (UPC) Universal Product Code or (SKU) stock-keeping unit number, It will be clearly illustrated in this listing for further verification of authenticity. Under Fair Use, trademark and copyrighted items allow a seller to use the name and a picture of the item they are selling. If I am offering to sell a brand 'X' item, I can describe it as brand 'X' without infringing on the trademark. International law is consistent on these issues. The Lanham Act also specifically recognizes the “fair use” of a company’s trademark. The Fair Use Doctrine grants the use of a trademark under certain conditions. Copyright laws: Copyright law, like trademark law, grants a lot of exclusive rights to the holder of the copyright. It also states specific exceptions. The First Sale Doctrine is an important part of the trademark law. The First Sale Doctrine states that once the owner of a copyrighted items sells it, or gives is away, the owner can no longer control what is done with the item. The First Sale Doctrine prevents the copyright owner from interfering with your use, alteration and subsequent disposal of something you purchased or received as a gift. The Fair Use Doctrine permits others to use a protected mark to describe aspects of their own goods, provided the use is in good faith and not as a mark. See 15 U.S.C A§ 1115(b) (4). That is precisely the case here. The “offending” use described is merely fair use to describe the product(s) being offered for sale. The Fair Use Doctrine permits use of a protected mark by others to describe certain aspects of the users own goods. See CarFreshner Corp vs. S.C. Johnson & Son, Inc 70F.3d 267, 270 (2d Cir. 1995).
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