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The Limits of First Sale in Trademark Law: Upcycling & Material Alteration

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A panel on the first sale doctrine and the risks of modifying and reselling consumer products.

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A panel on the first sale doctrine and the risks of modifying and reselling consumer products.<hr>

Center for Intellectual Property x Innovation Policy’s 2023 Annual Fall Conference

The Limits of First Sale in Trademark Law: Upcycling & Material Alteration

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Evan Gourvitz is of counsel in Morrison Foerster’s IP Litigation practice.Evan brings more than 25 years of experience litigating and counseling clients on complex intellectual property and technology‑related disputes, informed by his background as both outside and in‑house counsel, as well as his prior experience in newspaper, magazine, book, and Internet publishing and web design.His practice spans copyright, trademark and trade dress, unfair competition, trade secret, false advertising, right of publicity, and name/image/likeness (NIL) disputes. He also represents clients in federal and state courts and before the Trademark Trial and Appeal Board and the U.S. International Trade Commission.Evan advises and counsels clients across a wide range of industries, including technology, publishing, entertainment, consumer products, private equity, financial services, healthcare, and life sciences. He has significant experience handling disputes and assessing risk involving digital platforms and emerging technologies, including social media, artificial intelligence (AI), online content enforcement, cybersecurity and impersonation issues, cryptocurrency, NFTs, and Web3.Drawing on his experience serving as in-house counsel, Evan brings a practical, business-oriented perspective to intellectual property matters. He regularly counsels clients on the use of copyrighted works, trademarks and trade dress, personal names, and likenesses in digital and online environments, and managing legal and reputational risks.A recognized thought leader on intellectual property and technology issues, Evan is a frequent writer and speaker, and has been quoted in publications including The New York Times, Bloomberg Law, Law360, and World IP Review. He has presented at leading industry and academic forums, including meetings of the International Trademark Association and the American Intellectual Property Law Association, as well as at academic institutions such as the MIT Sloan School of Business.Evan received his B.A. from Rutgers University, his M.A. from New York University, and his J.D. from New York University School of Law.<h4>Publications</h4><ul><li>“Legal implications of Decentralized Autonomous Organizations,” Bloomberg Law, 4/14/2022.</li><li>“NCAA NIL interim policy: a win for student-athletes, but challenges remain ahead,” Westlaw Today. 7/13/ 2021.</li></ul>

Evan Gourvitz

Of Counsel

Patent Litigation

Litigation

The Limits of First Sale in Trademark Law: Upcycling & Material Alteration

13 Oct 2023