Your company’s pre-litigation trademark protection analyses must include a material differences strategy.
With the explosion of E-Commerce over the past decade, many manufacturers are plagued with unauthorized sellers peddling their products in online marketplaces. The principle legal remedy available to these manufacturers is a trademark infringement action. Typically, however, illicit sellers raise the “First Sale Doctrine” as a defense to those actions. This paper explains why a pre-litigation material differences strategy is critical to prevailing in later Federal trademark actions.