I’m curious to see if this stands SCOTUS scrutiny. Keep in mind this is the SCOTUS that has said eminent domain trumps all other property rights so I am NOT counting on a business friendly ruling form the SCOTUS. We can only pray the most overturned US circuit court is overturned again.
eBay and other websites where second-hand goods are sold, not to mention car boot sales, may soon be a thing of the past after a new court ruling that products made outside of the US with a copyrighted logo will not be allowed to be resold without prior permission or licence payments to the copyright holder.
Article 109(a), otherwise known as the First Sale doctrine, of the US Copyright Act gives those who have bought a product the right to resell their copy or get rid of it in whatever manner they choose. This is what people have been doing across the globe for centuries and has given rise to a number of websites where users can resell their goods, such as eBay and Amazon.
However the Ninth Circuit Court of Appeals has ruled, in a case involving Costco reselling second-hand Omega-branded watches, that if the product has a copyrighted logo then reselling it is an infringement of the copyright and so illegal. which defies all common sense on the subject altogether