Trademark Claim
Adobe claims that the software sold by SoftMan is not genuine and is infringing on its trademark. SoftMan admits that it repackages the unbundled Adobe Software using Adobe logo. This is not considered trademark infringement under the first sale doctrine. However, the first sale doctrine does not protect any product that is "materially different" from the genuine product. Adobe argues that the resold software lacks customer and technical support that comes with original bundle. SoftMan disputes this and claims individual software can be registered separately and receive support. Since this dispute exist and not issuing an injunction is likely not going to cause irreparable injury to Adobe, the preliminary injunction is denied.
Read more about this topic: SoftMan Products Co. V. Adobe Systems Inc.
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