Mozilla's trademark enforcement experience
Posted Apr 13, 2013 18:51 UTC (Sat) by giraffedata
In reply to: Mozilla's trademark enforcement experience
Parent article: Mozilla's trademark enforcement experience
First Sale doesn't give you any trademark rights because you don't need them for your lawful use/ resale of the product
I think you're just stating the First Sale Doctrine with respect to trademarks. The copyright version of the doctrine can be described the same way: it doesn't give you rights to copy because you aren't copying anything. In either case, First Sale isn't an exception to the rule (like e.g. copyright's Fair Use) -- it's just a clarification of it.
You do NOT get to put a Coca-Cola logo on your store ...
So you think that's what the scammer was doing here? Calling his web site Firefox? I just saw the screenshot in the article, and while I'm not saying that's not the case, it wasn't terribly obvious. I saw the name "firefox" in the URL, but not the domain name part, and I saw the Firefox logo next to a description of/link for the Firefox browser program.
I wonder if the judge considers Firefox to be more than a program. Maybe Mozilla convinced him it is a service for adding web surfing capabilities to your computer, so that a download link put up by Mozilla is Firefox, but one put up by me is not (unless, of course, I get Mozilla to say it is).
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