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In an example scenario when a person purchases a 30 pack of Kleenex then makes and sells lunch packs each of which includes a box of Kleenex. Is this person protected by the First Sale Doctrine to allow them to repackage the Kleenex as such? (Though as far as I can tell the FSD is intended for copyright work like audio CDs.) Or is there some explicit/implicit extension to the trademark/patent of a Kleenex?

  • In patents it is called "exhaustion" and is more complicated than first sale. Take a look at wikipedia. – George White Jul 28 '14 at 0:23
  • "Exhaustion Doctrine"? – yamori Jul 28 '14 at 1:43

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