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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

FIRST SALE DOCTRINE IN E-COMMERCE TRADEMARK PROTECTION – Amogh Nitin Shetty

Abstract

The First Sale Doctrine is often known as the “exhaustion doctrine,” which allows customers to resale branded items without the permission of the original rights holder. This notion encourages competition and secondary marketplaces in e-commerce. However, it has a lot of issues with trademark protection, particularly with the increase of counterfeit goods and unlicensed vendors. Recent decisions and legal interpretations have influenced its applicability, particularly in online markets. To reduce hazards, trademark holders should use modern monitoring tools and work with law enforcement and e-commerce platforms. Blockchain, metaverse, artificial intelligence and smart packaging are some of the  examples of technological advancements that has the capability to improve trademark protection in e-commerce. While this concept promotes market efficiency and consumer choice, its successful application entail a complete approach that combines technology, legislation and stakeholder participation. In the rapidly changing environment of e-commerce, constant innovation and awareness will be required to protect trademarks and intellectual property rights.