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To: taxcontrol

If they signed a contract, that may be one thing. But the Supreme Court and lower courts without reversal by the SC has upheld the First Sale doctrine that basically says “if you buy something you can sell it”. It covers goods sold to a reseller in the USA in one territory and later resold in another territory, sold to one market but resold at another market, and it even covers goods sold explicitly for export that are later re-imported and sold domestically.

This case may test whether products made outside the USA and imported are also covered - but given the history I’d make a small wager that it’s also covered by the first sale doctrine. When you buy something for resale, you take on the financial risk and have the ultimate right to resell it to recoup cost and minimize risk of loss. Some territorial contracts could be enforceable if the product is a dominant player in one or the other territory. Not sure these products would quality.


6 posted on 09/19/2023 5:16:51 PM PDT by monkeyshine (live and let live is dead)
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To: monkeyshine

The courts rejected the defendants request for dismissal. The case has merit.


11 posted on 09/19/2023 5:26:26 PM PDT by TexasGator
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