Re: Re: auction sites and authentic trademarked goods

Subject: Re: Re: Re: auction sites and authentic trademarked goods

Comments:
: : : Hi -- : : : Is there any type of counter-notice procedure similar to that in the DMCA for trademarked goods instead of copyrighted material? In other words, is there a way to get an auction site to allow legal sales (under the first sale doctrine) to be reposted to the site after a trademark holder has claimed trademark infringement? (Assume that a trademark holder's original affidavit claiming infringment is not made available to the alleged infringer and it is unknown what the specific basis for the infringement claim is.) : : : Thanks : : Dear Kay, : : I'm not going to research this, but it is my belief that even the innocent infringer can be stopped. : : I think the owner of the mark can get a open writ and catch peddlers selling infringing goods even if they did not know it was an infringments. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : What if the goods themselves are not infringing? (Claim of infringement may come from interpretation of other area of trademark law such as confusion of seller affiliation, etc.) : Thanks

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.