Originally Posted by rachie2531
Your first statement simply is not true. Courts go out of their way to cite past cases in their opinions and how their decision does, or does not, follow those cases. If a case does not follow precedent that court must justify its decision. Precedent is very important to the courts. Without precedent we would have chaos in the courts. Judges do not like being overturned by a higher court so they are very careful in their citations.
By your logic, the Miranda decision would have been overturned years ago by a lower court but it is still there. 90% of cases never go to trial because lawyers know the futility of fighting what numerous courts have already settled many times.
We have encountered more than one misinformed lawyer who tried to state that the first sale doctrine is copyright law only and does not apply to trademarked goods. They are practicing idiots. I can show you a number of federal court cases where the judges have flatly stated the first sale doctrine does apply to trademarks.
When we were sued by M&M/Mars in 2002, every lawyer we contacted told us we had no case. We fought back and M&M/Mars dropped the lawsuit.
We do not just look for cases that just support our views as you seem to insinuate.
My statement was directed more for the questions here on this forum and was directed to someones statement telling someone they could not make bottlecap images from something but not really backing it up with anything. I was more or less trying to say, for anyone wondering, that they should do their own research and consult a lawyer and make their own decision and not let some of these small businesses and individuals run them out of business. I think you took my statement as directed toward you and that wasnt the case. I was directing it toward someone that was trying to tell someone else they could not resell images they had bought where the seller had stated not to resell anything made with their images. I read up on a lot online and do my own research but if I had a really important matter, for example, someone sending me a cease and desist or, a forum member who has no real background in law telling me I cant resell something made from products I had bought, I would go with speaking to my lawyer. This is what I meant. I know its easy to sound general when typing so I hope this time I was more clear as to what I was responding to. Sorry for any confusion...