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C & D Letters – What to Do when Law Firms Send these Communications

...  and we review the warranty to see whether or not your sales are protected under the body of law called the first-sale doctrine. The first-sale doctrine says that you can buy and sell ...

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Amazon Sellers Reply to Lawsuits Compelling Big Brands to Disclose Information

...  news is all good, it's power for Amazon sellers. But first I'm standing here by the world famous Roscoe Diner, which is the gateway ...  Against Baseless Authorization Complaints Using the First Sales Doctrine You Have Rights as an Amazon Seller if Brands FALSELY ACCUSE ...

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How to address a VORYS letter

...  include in every letter. Many VORYS letters ignore the First Sales Doctrine, which is basically based upon consumers receiving the same ...

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Amazon Sellers’ Guide: Trademark Law: Chapter 4

...  or color combinations, texture, graphics, and particular sales techniques protectible under the concept of trade dress. Almost any ...  packaging and evaluated what will constitute trade dress. First, is the packaging inherently distinctive or not. If the packaging is ...

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Amazon Commingled Inventory for Sellers

...  products. Amazon sellers can choose to have their sales filled solely by their own products which they know are genuine or take ...  to which consumers. There's also no recognition of the first sales doctrine. Often, these product safety complaints are the result ...

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Soverain Software, LLC v. Amazon.com, Inc.

...  issued in 1998. These patents describe a network-based sales system that includes a buyer computer, a merchant computer, a payment ...  could not scale to a size needed by Amazon.com. The first meeting occurred in October 1997. A second meeting occurred in Spring ...

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Tre Milano, LLC v. Amazon.com, Inc

...  Amazon and third party sellers from selling, offering for sale, or advertising their trademark or any knockoff. Court denied ...  website come through three different sales channels. First, there are items sold directly by Amazon. They are in Amazon's inventory ...

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Multi Time Machine v. Amazon.com

...  the name and manufacturer of each product offered for sale and even included photographs of the items, no reasonably prudent shopper ...  does not constitute initial interest confusion, the doctrine is inapplicable to the internet. However, whether customers are merely ...  638 F.3d at 1154. Because of its importance, we first address labeling—which we find gives rise to a genuine issue of ...

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Perfect 10, Inc. v. Amazon.com, Inc.

...  HTML instructions is not equivalent to showing a copy. First, the HTML instructions are lines of text, not a photographic image. ...  or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending." 17 ...

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Daniel E. Ricchio v. Amazon.com, Inc.

...  and held that Plaintiff was not entitled to profits from resale of his book by third parties.  Daniel E. Ricchio v. Amazon.com, ...  a judgment dismissing those claims with prejudice. First, I will deny plaintiff's motion for the appointment of counsel. Although ...

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Thais Cardoso Almeida v Amazon.com Inc.

...  displaying her image on its websites in furtherance of its sale of the book Anjos Proibidos. Almeida asserted claims against Amazon ...  and is otherwise unavailable under Florida's statutory first-sale doctrine. As to Almeida's civil theft claim, the district court held ...

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Amazon Accused of Patent Infringement

...  as, “The act of making, using, selling, offering for sale, or importing into the United States, without the patentee's permission, a ...  strongest defenses against patent infringement cases are first to prove the alleged patent is patent ineligible. That is what occurred ...

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