Brilliance Audio, Inc. v. Haights Cross Communications, Inc.
United States Court of Appeals for the Sixth Circuit
474 F.3d 366 (6th Cir. 2007)
Brilliance Audio (plaintiff) produced separate retail and library versions of its trademarked audiobooks, and alleged that competitor Haights Cross Communications (defendant) was reselling Brilliance's retail audiobooks relabeled as library editions, using Brilliance's trademark on the repackaged products, for profit. Brilliance sued for copyright and trademark infringement, unfair competition, and dilution; the district court granted Haights's motion to dismiss, finding the first-sale doctrine protected Haights's resale of genuine Brilliance products, and Brilliance appealed.
Whether the first-sale doctrine shields a purchaser who resells a trademarked product without adequately notifying the public of repackaging, or who materially alters the trademarked product before resale.