hugescale
Well-Known Member
There are laws interfering with each other, like "First-Sales-Doctrine", "Exhaustion of intellectual property rights" and several "Licensing laws". So in a specific case (especially at court) the question is: "Which law applies?".
I have found, that some judges made decisions in favor of the defendant. A very interesting case can be found here: http://www.nolo.com/legal-encyclopedia/the-first-sale-doctrine.html . Other judges made decisions in favor of the license holder. For example a private re-sell of a designer dress on German ebay, that was made for the US market was successfully prohibited, although the dress was bought and imported legally to Germany.
There are different verdicts within a country and worldwide. I have found some statements, that even under lawyers it is still controversial, to what extend the "First-Sales-Doctrine" can be applied and when not.
I have found, that some judges made decisions in favor of the defendant. A very interesting case can be found here: http://www.nolo.com/legal-encyclopedia/the-first-sale-doctrine.html . Other judges made decisions in favor of the license holder. For example a private re-sell of a designer dress on German ebay, that was made for the US market was successfully prohibited, although the dress was bought and imported legally to Germany.
There are different verdicts within a country and worldwide. I have found some statements, that even under lawyers it is still controversial, to what extend the "First-Sales-Doctrine" can be applied and when not.