Amway sues sellers for trademark infringement, faulty product distribution
Andrei Mincov's commentary on the original article
If the products sold are indeed counterfeit, then it would be an open-and-shut case. Blatant trademark infringement. It would become a lot more complicated if the products sold are actually genuine, in which case first-sale doctrine would allow aftermarket sales without the risk of it being considered trademark infringement. Selling such products through an online store that focuses on Amway products, however, would create a whole other level of complexity because such approach can create an association in consumer's minds that the online store is actually authorized by the real Amway, in which case, it would amount to trademark infringement. Either way, we may never find the real answer if the defendants choose to ignore the lawsuit. In this case, a default judgment will be entered against them and then Amway will have a lot of fun trying to enforce it.