tag:blogger.com,1999:blog-5574479.post8271967174302117906..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Costco shoot-out ends in 4-4 drawVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-29011401839304146162010-12-19T11:04:48.683+00:002010-12-19T11:04:48.683+00:00I find the comment in World Trademark Review very ...I find the comment in World Trademark Review very surprising. If the US manufacture of goods for a copyright holder amounted to a first sale (to the copyright holder?), the doctrine would equally apply to domestic right holders exporting their goods abroad - but we know that the first sale doctrine does not apply to foreign sales of exported goods. The first sale doctrine is an exhaustion rule - it is only a sale by the right holder that engages it.Thomas Dillonnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26989309318760511352010-12-17T08:54:12.675+00:002010-12-17T08:54:12.675+00:00Exhaustion should be addressed clearly on legislat...Exhaustion should be addressed clearly on legislative level in a different way, depending on the specific subject-matter, the nature of the products, the relationship between the product seller and the right-holder (the kind of licence agreements) and other factors. Just compare copyright on imported books (or image on watches) v. copyright on Dali’s ’The Persistence of Memory’; or Pharma’s trademarks, foodstuff trademarks v. sport ware and mascara trademarks. The present situation does not satisfy and there are too much stakes pledged on the courts to resolve this problem by way of interpretation with unwarranted great expectations. Judges are not capable to focus on these subtleties in trade and economics regarding their background.The Trademarkovs'noreply@blogger.com