The First Sale Doctrine is a legal concept which plays an important role in US copyright and trademark law. The First Sale Doctrine authorizes a seller to re-sell products which have been placed into the stream of commerce by the copyright or trademark owner.
Most Amazon sellers are nothing more than re-sellers. They purchase, stock and re-sell products which they legitimately purchased from the IP owner. These types of sellers are protected by the First Sale Doctrine as long as they do not alter or modify the original product. For example, an Amazon seller who purchases shoes from Aldo and then re-sells them on Amazon without modifying the product in any way cannot be held liable for IP infringement.
The majority of IP complaints are actually illegitimate. The complaining party usually accuses the seller for violating IP rights even though no actual violation has occurred. Many IP complaints are lodged by Trademark Bullies whose only intention is to interrupt sellers’ legitimate businesses. We have helped many sellers resolve IP complaints by relying on the First Sale Doctrine. Contact us if your seller account has been suspended for Intellectual Property complaints – we can help restore your selling privileges!