Idaho Federal Judge Allows Counterfeiting Case To Proceed

(February 24, 2016, 1:54 PM EST) -- BOISE, Idaho — An attempt by two defendants to obtain dismissal of trademark counterfeiting claims by invoking the first-sale doctrine was rejected Feb. 22 by an Idaho federal judge (Lone Wolf Distributors Inc. v. Bravoware Inc., et al., No. 15-16, D. Idaho; 2016 U.S. Dist. LEXIS 21325).

(Decision available. Document #16-160307-010Z.)

Although Sopcom Inc. and Bravoware Inc. (Bravoware, collectively) concede that the doctrine is inapplicable to resellers who create a likelihood of confusion by making material changes to a lawfully purchased product, Bravoware maintains that plaintiff...
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