Reselling licensed items

[MSuelter]

My husband and I have a business where we sell lighted wine bottles. We are wondering what the laws are if we took a licensed Nascar sticker and put them on the bottles for resale, is this legal. Does it fall under the First Sale Doctrine.

Thank you!

 

[Michael Wechsler]

My husband and I have a business where we sell lighted wine bottles. We are wondering what the laws are if we took a licensed Nascar sticker and put them on the bottles for resale, is this legal. Does it fall under the First Sale Doctrine.

What does your selling wine with a Nascar sticker have to do with the first sale doctrine? Right off the bat I'd be concerned if I were Nascar with regard to a trademark issue - the potential for confusion that the Nascar sticker on the bottle of wine might appear to be an unlicensed endorsement of the wine product.