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Article Excerpt
ABSTRACT
The Tenth Circuit Court of Appeals held that the first–sale doctrine is not an available defense for a reseller against an infringement claim where (1) the goods offered by the reseller differ materially from those sold by the trademark owner by nature of their warranty, and (2) these differences are not sufficiently disclosed. The reseller's explicit online statement that the manufacturer will not honor the warranty for products sold on eBay was considered insufficient to alleviate consumer confusion.
CASE SUMMARY FACTS Plaintiff-Appellee Beltronics USA Inc. ("Beltronics") is a provider of aftermarket vehicle electronics, including radar detectors. Beltronics offers and provides certain products and services for its radar detectors, including software upgrades, rebates, service assistance, warranties, and recalls, to purchasers whose products bear an original Beltronics serial number. Beltronics sells its radar detectors to a limited number of authorized...
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