United States Sixth Circuit

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Brilliance Audio, Inc. v. Haights Cross Communications, Inc., 05-1209

In the context of the "first sale" exception in trademark law that provides a defense to claims of infringement, resale of a product does not fall under the first sale exception when the notice that the item has been repackaged is inadequate, or "when an alleged infringer sells trademarked goods that are materially different than those sold by the trademark owner." Also, the record rental exception to copyright's first sale doctrine, codified at 17 U.S.C. section 109(b)(1)(A), applies only to sound recordings of musical works and does not apply to sound recordings of literary works, known as "audiobooks" or "books on tape."

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • Before: KENNEDY and GIBBONS, Circuit Judges;  DONALD, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Terence J. Linn, Van Dyke, Gardner, Linn & Burkhart, Grand Rapids, Michigan, for Appellant.  R. David Hosp, Goodwin Procter, Boston, Massachusetts, for Appellees.   ON BRIEF:  Terence J. Linn, Timothy A. Flory, Karl T. Ondersma, Van Dyke, Gardner, Linn & Burkhart, Grand Rapids, Michigan, for Appellant.  R. David Hosp, Mark S. Puzella, Goodwin Procter, Boston, Massachusetts, for Appellees.