Q: Can a jewelry rental business display and/or mention branded (ie Tiffany) jewelry on a TV ad (not show the logo).
The First Sale Doctrine
The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the distributor had no authority to do so from the actual trademark owner. See Polymer Technology Corp. v. Mimran, 975 F.2d 58 (2d Cir. 1992). “After the first sale, the brandholder’s control is deemed exhausted [and d]own-the-line retailers are free to display and advertise the branded goods. Secondhand dealers may advertise the branded merchandise for resale in competition with the sales of the markholder . . . .” Osawa & Co. v. B&H Photo, 589 F.Supp. 1163 (S.D.N.Y. 1984).
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A: Not unless you get permission. That's potentially trade dress infringement.
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