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Article: Beltronics USA Inc. v. Midwest Inventory Distrib. LLC, 90 USPQ2d 1228 (10th Cir. Apr. 9, 2009).(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- June 3, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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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 ...