The incidence of counterfeiting and trademark infringement has surged with the widespread use of online marketplaces, such as eBay, the Internet auction platform. As a result, such sites have faced a steady stream of lawsuits brought by prominent trademark owners in United States and European...

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free...

"In medieval Europe, manufacturers sold durable goods to anonymous consumers in distant markets, this essay argues, by making products with conspicuous characteristics. Examples of these unique, observable traits included cloth of distinctive colors, fabric with unmistakable weaves, and pewter...