Credit Cards Center Credit cards from our partners
Reply
Highlighted
New Member
Posts: 11
Registered: ‎10-14-2012
0

Re: Being asked by Amex for tax return?


trumpet-205 wrote:

UtahNewbie wrote:

Actually I studied this for several hours last night. There's something called "First-sale doctrine", and generally speaking, the merchant's T&C restricting the resale of their merchandise is not legally enforceable. Unless it's something about books or CDs, in which case the situation will be more complicated and there are several lawsuits going on as the previous member had mentioned above. 

 

Of course, I will consult with my lawyer before I really plunge into this business.


First sale doctrine only applies to goods that are manufactured and sold in US. Cases mentioned by previous member are when someone sold foreign good to US. Supreme Court has ruled that first sale doctrine does NOT apply to foreign good.

 

The kid that was mentioned sold books from Thailand to US. Does not get protection from first sale doctrine.

 

Costco got sued for selling watches originally from Switzerland. 9th Circuit Court hold Costco liable because watches were not manufactured in US, and Supreme Court affirmed the decision.


No, Supreme Court did not technically uphold nor overturn it, it was a rare 4-4 decision, though it was a de facto (very weak) affirmation, so it is only binding in Ninth Circuit jurisdiction, where Utah is not included. And it rules " the first sale doctrine provides no defense where unauthorized imports were genuine copies that were foreign-made and not previously sold in the United States with the authority of the copyright owner

 

When you buy a laptop(most likely Made In China) with a label "not for resale" on Newegg and resale it on Ebay, first, it's not "unauthorized imports", second, it's  "previously sold", third, I'm in Utah.

 

As for the textbook cases going on in Supreme Court, they're based on "unauthorised imports".

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
† Credit cards for FICO Score ranges: The score ranges are guidelines based on actual applicant approvals and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.