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Sam’s Club Stroller Trademark Infringement Case Will Continue

May 21, 2020, 8:44 PM

A stroller manufacturer couldn’t hold Sam’s East Inc. and Sam’s West Inc. liable for trademark infringement before trial in Boston federal court based on Sam’s Club’s unauthorized sales of its strollers.

UPPAbaby couldn’t win summary judgment on its trademark infringement claim because it didn’t show the gray-market strollers Sam’s Club sold were materially different from its authorized strollers, the court said Wednesday.

Sam’s Club received UPPAbaby strollers through a Canadian wholesaler. UPPAbaby argued Sam’s Club’s sale of the strollers infringed its trademarks because it wasn’t authorized by UPPAbaby to resell them in the U.S.

Although the “first sale” doctrine normally ...