Re:Sellers printing counterfeit books and selling under Amaz...
by nommm-nommm on Friday March 24, 2017 @11:16AM
(#13949430)
>Can people advertise that they have M&M's for sale without the permission of Mars Candy Inc?
Yes.
Lets say I buy a box of M&Ms. I didn't get around to eating them. Next month I decide to change my diet and get rid of the M&Ms. Copyright and trademark does not (and should not) prevent me from advertising "1 box M&Ms, $10" and then a buyer giving me $10 for my M&Ms.
The first sale doctrine gives me this right. Retail would be totally and completely non-functional otherwise.
Amazon, however, is free to disallow someone from selling something if they want to.
Yes.
Lets say I buy a box of M&Ms. I didn't get around to eating them. Next month I decide to change my diet and get rid of the M&Ms. Copyright and trademark does not (and should not) prevent me from advertising "1 box M&Ms, $10" and then a buyer giving me $10 for my M&Ms.
The first sale doctrine gives me this right. Retail would be totally and completely non-functional otherwise.
Amazon, however, is free to disallow someone from selling something if they want to.