Legal Question in Intellectual Property in Florida

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.

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