Customs or Counterfeits? Understanding the Ethics and Legality of Custom Sneakers.
Understanding The Laws That Could Apply:
Straight from the USPTO’s website Trademark Infringement is:
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
First Sale Doctrine:
In trademark law, the First Sale Doctrine provides that one who purchases a genuine trademark item has the right to sell that item without having to pay any royalty to the trademark owner. In other words, once the trademark owner has placed its product into the marketplace its right to control any further distribution is exhausted.
Via https://www.jdsupra.com/legalnews/does-the-first-sale-doctrine-protect-76596/
Copyright Law
Brandir International, Inc. v. Cascade Pacific Lumber Co: “if design elements reflect a merger of aesthetic and functional considerations, the artistic aspects of a work cannot be said to be conceptually separable from the utilitarian elements. Conversely, where design elements can be identified as reflecting the designer’s…
