United States Tenth Circuit

In a Lanham Act action based on Defendant's sale of Plaintiff's products without Plaintiff's serial number label, a preliminary injunction in favor of Plaintiff is affirmed, where the "first sale" doctrine did not apply because Defendant was doing more than simply stocking, displaying and reselling Plaintiff's products.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• TACHA, Circuit Judge., Before TACHA, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Derek T. Teeter (Maxwell Carr-Howard, with him on the briefs), Husch Blackwell Sanders LLP, Kansas City, MO, appearing for Appellants.


• For Appellees:
  
• Brett A. Schatz (Thomas W. Flynn, with him on the brief), Wood, Herron & Evans, L.L.P. Cincinnati, OH, appearing for Appellee.