Many brands consider gray market goods sold on Amazon a perennial problem. In Otter Products, LLC, et al. v. Triplenet Pricing, Inc., the United States District Court for the District of Colorado granted partial summary judgment in favor of the trademark owner, holding that the first sale doctrine did not immunize Triplenet from Otter’s trademark claims.

Otter Products, LLC and Treefrog Developments, Inc. (“Otter”) sued Triplenet Pricing Inc., Triplenet Pricing, LLC, and Eric Sypes, (“Triplenet”) for trademark infringement, unfair competition, false advertising, and deceptive trade practices in violation of the Colorado Consumer Protection Act. Otter sells mobile phone and tablet cases under its OtterBox and LifeProof Brands. It provides a warranty for products purchased directly from it or authorized sellers. Without authorization and so without Otter’s warranty protection, Triplenet sold products bearing Otter’s trademarks on the internet including on Amazon. In its Amazon listings for Otter branded products, however, Triplenet represented that purchases included an “OtterBox limited lifetime warranty.” Otter argued that although the products were manufactured by Otter, the missing warranty turned the products into gray market goods. For its part, Triplenet filed counterclaims seeking declaratory judgment that it did not infringe Otter’s trademarks and alleging tortious interference with contract, intentional interference with prospective economic advantage, and...

Read Full Story: https://www.natlawreview.com/article/first-sale-doctrine-fails-to-free-unauth...