"Exceptions to the first sale doctrine," Amanda H. Wilcox, Esq.

The first sale doctrine is one defense against claims of trademark infringement or copyright infringement. In Brilliance Audio, Inc., v. Haights Cross Comm., Inc., the Sixth Circuit clarified the insufficient notice of repackaging and materially different goods exceptions to the defense of the first sale doctrine in trademark law. It also held that the Record Rental Amendment of 1984, a limited exception to the first sale doctrine for copyrighted works, only applies to the sound recordings of musical works, and not to audiobooks.