Sprint Wins TM Infringement Claim Against iPhone Reseller

• Holding: Unauthorized reseller of Sprint-compatible iPhones can’t use first sale doctrine because its goods are “materially different” from genuine article.
• Takeaway: Cellular service provider’s own network access policies can bolster trademark case against unauthorized handset resellers.

Sprint Solutions Inc. has convinced a court that an unauthorized phone reseller infringed its trademarks by advertising that its iPhones were compatible with the Sprint mobile network.

The U.S. District Court for the Eastern District of New York on June 7 granted Sprint’s motion for summary judgment on one of its claims. It found that defendant iCell Guru Inc. had infringed Sprint’s trademarks by ...