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I've seen this label on coke cans at one point, and I was wondering: is this legally enforceable?

If it's not, is it possible for a retailer in any way to disallow the resale of an item purchased? Something like, I don't know, maybe a license you have to agree to in order to be allowed to purchase said item?

This comes in the larger context of these new tech releases (GPUs, consoles) and how the producers/retailers could legally prevent scalpers.

Ryan M
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Mesos
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1 Answers1

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No, the first-sale doctrine makes this unenforceable

Once a product is sold to a retail consumer, it is generally theirs to do with as they wish, including reselling it. The company likely intends this restriction to apply to distributors/retailers with whom it has contracts: it would likely be a violation of their distribution contract to, say, open a 12-pack of Coke and sell the individual cans.

An exception to this doctrine is licensed software. Because it is licensed and not sold, there's not a product that the consumer could legally resell; the license is not required to be transferrable.

As far as license agreements to prevent this go, it's been tried: Lexmark sold toner cartridges with a patent license agreement banning refilling and reuse. It ended up at the Supreme Court in Impression Products, Inc. v. Lexmark International, Inc., where Lexmark lost.

Ryan M
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