I thought they invoked trademark or something in that case. I thought he was buying packaged goods.
And how does third party sellers on Amazon fit in?
I certainly can see Krispy Kreme objecting on health grounds. But as someone pointed out, the company’s growth seemed to come from people passing on donuts. I never heard of them until Roaie O’Donnell raved about them on her talk show and likely passed them out to the audience. Within a few years, we had a store, even got a free bix of them after waiting in line a long time.But they disappeared after a few years, reappearing this year.
After trying them, I had no more, I’ve had better donuts.
I don’t think that the first sale doctrine is what you think it is! The point of the doctrine is “I bought this thing from you. I can sell it and, you, the original owner, can’t stop me.”
Krispy Kreme has a wholesale division that sells to grocery stores and other retailers. This kid could talk with Krispy Kreme about opening a donut truck and getting into that business. And as part of that talk, Krispy Kreme will make sure the kid has proper food storage and transport practices, and properly represents their brand.
If someone gets a bad donut from this kid (or imagines they did), do you think they’ll sue the kid selling donuts out of the trunk of his car, or the company with the logo on the boxes? Of course they’ll sue Krispy Kreme. And then Krispy Kreme will be in litigation with all the expense and damage that entails, even if they ultimately have a solid defense.
There is a lot of very libertarian sentiment in this thread, which seems like it should clash with the anti-corporate sentiment. Instead, they combine to support an uninspected food service business where a kid overcharges for cold day-old donuts sold out the back of his car, with the environmental impact of a 540 mile round trip.
I thought they invoked trademark or something in that case. I thought he was buying packaged goods.
I believe they did invoke trademark. But most importantly, that case settled. So it’s not really precedent for anything except that a large corporation doesn’t have to actually win a court case in order to achieve their desired result.
I can see that Minnesota’s health department would have a case, but KK seems to be blowing hot air. Also, where’s that support for the American entrepreneurial spirit? Oh, right. Free enterprise is free for me, not for you.
Krispy Kreame isn’t at all my favorite. However when hot and pretty much right out of the whatever industrial contraption they are created in they can give real donuts a run for the money. So say 0 to 15 minus after they are made. After a multi-100 mile car ride? Not really worth “free”.
Still, if people like 'em that way I won’t fault the kid for delivering them!
Look at that Krispy Kreme hype machine kick into gear! None of us have given KK half a thought in a dozen years. And now look at everyone saying Krispy Kreme on national news. Good job, KK tools!
They can try. Since the claimant didn’t actually do business with KK their case will get thrown out right quick - if they can get a lawyer to take up the case in the first place. More likely the kid doing the selling will get sued (if he has any assets worth pursuing) and then he’ll loose any assets he has.
Pretty sure the Doctrine of First Sale is the exact opposite of their argument.
From Wikipedia: “In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder put the products on the market.”
I can’t make a donut and sell it as “Krispy Kreme” - trademark prohibits that. But I can sure as hell buy them from Krispy Kreme and resell them.
If we are to believe your interpretation, all of these food delivery services are breaking trademark law.
I don’t see how it’s not working in their favor. They’re elling this kid ton of donut$.
Huh, this is interezna. I put a X (there is a dollar sign there before the X still not showing up) for the s in selling and tons, but it only shows up for donut. Except just now, that last donut is supposed to have one as well. I know boing boing is communist and all ( )but geez
sounds like a win-win