Thursday, September 21, 2017 2:59:54 PM
"The "first sale" doctrine creates a repackage / resale right for re-sellers of new, branded products. However, for the doctrine to apply the circumstances of the re-sale must be such that the consumer reasonably believes he or she is buying the genuine, new product. The quality of that product cannot be degraded and the qualities of the product cannot be changed. Repackaging some products inherently degrades their quality or changes their qualities so those CANNOT be lawfully repackaged and resold. But most others can. You need to speak with your own trademark attorney before you repackage and resell new products that were first sold by someone else."
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