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DAVIDOFF & CIE, S.A. v. PLD INTERNATIONAL CORP.

No. 00-14368.

263 F.3d 1297 (2001)

DAVIDOFF & CIE, S.A., a Swiss Corporation, and Lancaster Group US LLC, a Delaware Limited Liability Corporation, Plaintiffs-Appellees, v. PLD INTERNATIONAL CORPORATION, a Florida Corporation, and Phillipe L. Dray, an individual Florida resident, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED August 28, 2001.

Attorney(s) appearing for the Case

Edward M. Joffe, Sandler, Travis & Rosenberg, Miami, FL, for Defendants-Appellants.

Charles E. Buffon, Covington & Burling, Washington, DC, Jack E. Dominik, Miami Lakes, FL, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, and FAY and BRIGHT, Circuit Judges.

ANDERSON, Chief Judge:

This case appears to be the first time that this circuit has addressed the circumstances under which the resale of a genuine product with a registered trademark can be considered infringement. We recognize the general rule that a trademark owner's authorized initial sale of its product exhausts the trademark owner's right to maintain control over who thereafter resells the product; subsequent sales...

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