legal research for trademark infringement litigation
I need a legal memo drafted for future use in a Motion for Summary Judgment in federal court. This will likely be about 5 pages. The issue is this: Where a party ("Defendant") buys a company's assets in a liquidation, and where some of those assets include inventory items bearing Plaintiff's trademark, does Plaintiff have the right to dictate or in any way control the disposition of those trademarked inventory items? Key issues are as follows: There are actually "two classes" of trademarked items, that probably merit separate treatment and analysis: (1) Plaintiff's trademarked goods that defendant PURCHASED FROM plaintiff ("wholesale goods"); and (2) plaintiff's trademarked goods that defendant MANUFACTURED FOR plaintiff subject to a license agreement that plaintiff terminated ("manufactured goods"). With regard to the "wholesale goods", I'm wondering if the "first sale" doctrine protects the defendant from plaintiff's attempts to sue for trademark infringement based on defendant's sale of those items. With regard to the "manufactured goods" ... I've no idea! Please focus on the laws of the State of Kansas and decisions from Kansas state/federal courts and the 10th Circuit (and the U.S. Supreme Court, if any), but a nationwide search would be appropriate.