Captain America 1941 Fine Pewter figure. Cpt America representing the Golden Age of Comics in the 1996-97 Marvel Champions of Comics Series

Captain America 1941 Limited Edition 1996-1997 Fine Pewter US figurine from the limited edition Comic Book Champion Series from Marvel Comic series celebrating the four ages of comic books! the Golden, Silver, Bronze and Modern Age of comics Each one of the four ages had a champion to represent and each came with a COA and Mini Comic. 1941 Captain America was chosen as the Champion to represent the Golden Age of Comics and is available again here and now nearly 30 years after production for your collection! The figure is sealed and as new inside the original box but there are normal signs of age and box wear, please review the pictures carefully. Each figure comes with a serial numbered COA (Certificate of Authenticity) and was from a numbered and limited edition release



A picture says a thousand words. Please high resolution scans and /or pictures of actual book listed as condition description. No stock images are used.

Thanks for checking us out and please check us out again soon as many items are yet to be listed. Please continue reading below for much more important information as we attempt to address everything possible about anything anyone may want or need to know in a completion growing from years of synopsis made throughout time for tens of thousands of listings in the name of transparency, clarity and providing all of the information possible through through many categories and much refining doing this for some decades now covering many topics below such as gift wrapping, shipping, vintage items, electronics, warranties, returns, policies, expectations, logic, facts, reality and much more that would prove far too time consuming to custom make for every single individual listing. Everything may not be as relative to each listing as another but further information can be found relating to all listings that could be helpful to anyone with any new information, discoveries or points of interest added ASAP.


Make plans to come pick up purchases made through the Etsy shop at our LAKEFRONT AIRBNB and stay in the Cedar Suite, Bunk House or Glamper on NORRIS LAKE and get your fishing on or just relax with an awesome get away or work and play in Beautiful East Tennessee to save on shipping or to eliminate prohibitive freight charges on large items! Some offerings even include a FREE night!!


A picture says a 1000 words and video adds more and each displays information most accurately from the actual item(s) that will be received. Please see pictures for description and details of items condition. These are not stock photos. The images shown are pictures of the actual item(s) that will be received. Please ask any questions prior to purchase and we will be happy to get back with you ASAP. Please review all photos as they are considered part of the description and do not hesitate to reach out with any questions or request for any information prior to purchase. We value communication highly and treasure relationships made.


All 100% Positive Feedback Rating on the old auction site since 1999 with more than 2000 transactions and now over 4100 on Etsy and counting since 2018. More than a quarter of a century in online sales helping most all of our customers smile really adds to our appreciation for all our great customers on our absolute favorite online platform for bringing buyers and sellers together. Shop with Confidence and take a spin on the BONUS WHEEL of AWESOME FREE PRIZES every time you do!


Gift wrapping available. Professional packaging and generally insured USPS shipping of preference from Priority to overnight with gift wrapping available. We COMBINE SHIPPING for multiple orders. Send us a message for a quote or for large items sent for much less through FEDEX or USPS. Items are well PACKAGED IN RECYCLED MATERIALS WHENEVER POSSIBLE. Comics, Vinyl and other collectables are well secured and shipped in packaging designed to keep vinyl record albums safe in the mail - 200 lb. test corrugated with 32 lb. ECT or equivalent. See Local/regional pickup or delivery may also be available on some orders. Media rate option for qualifying orders.



We attempt to provide the most clear and accurate images and representation possible for each individual item offered in each individual listing. No stock images are used. All Pictures from each of the listings are of the actual item that will be received. Please send us a message if you have any questions or need any information about anything in our shop and we will get back to you ASAP. It is our most sincere wish that every customer is happy with their selections as we hope to see many happy customers that return again for some more great vintage stuff! We appreciate all of our customers and we especially appreciate our repeat customers and hope that we make that known to each and everyone of you through some of the extras we include when we are packaging items and thinking of you hoping to show some of our appreciation for making it possible to continue!


Vintage items are vintage (20+ years old) and previously owned. Items are sourced from an endless number of possibilities of environments from all around the world. No pet free, smoke free, allergen free or free of any other type of irritant status is generally known, implied, guaranteed or claimed. It is possible for vintage items as well as for recycled packaging and shipping materials. Any possible olfactory characteristics may manifest as unremarkable or not at all and even more so as one ages moving from somewhere in the middle toward one end of a bell curve experienced as undetectable and opposite of the other end of intolerable with much area in between. We note observed characteristics and former environments when known and relevant but many levels exist between the highest and lowest known that simply cannot be encompassed. Please see all pictures and ask any questions about anything not clear or well understood before purchase. Thanks!


Although I do love vintage treasures, I am not an expert on everything or anything possessing some base knowledge in a limited number of categories with little if any in others while maintaining a large variety of cool vintage interesting items for consideration. I do research every piece finding more abundance in a shorter time with some items more than some others, but just like AI or most anyone I may make mistakes. If you know something about any item that I may not, please consider sharing your knowledge. I love learning about any of the items and learning in general and as they say those that do not learn from history are doomed to repeat it.


Items are not sent on approval or on any trial basis. Once purchased the item belongs to you. Buyers remorse for purchasing and receiving the item pictured and described and not an item wished for and not offered or possibly not even available is not grounds for return or refund so please review details and ask any questions any time you may not understand any part of the description or any of the pictures of anything that may be conditional or of relevance or great importance to you and your satisfaction whenever anything is not clear and well understood. We value communication highly and treasure the relationships made.


We are happy to tell you all we know about any item in the shop, answer any questions anytime night or day ASAP and to test or examine anything possible that may not be covered in any particular item listing however some items may require more than a quick look over to know more specific measurements, settings or levels of function or performance beyond anything with a plug in getting plugged up looking for what may be expected and while we will check and note anything observable and relevant some things cannot be readily checked, determined or known with or without third party expertise and NO WARRANTY IS EXPRESSED OR GIVEN on any vintage items or the handling of vintage items outside of what is specifically addressed and stated about each item in each listing. We package items with years of experience in doing all that we can with anyone's budget we work within to ensure everything arrives safely and securely and will attempt to address any characteristic of issue positive, negative or unknown in appearance or performance or anything of relevance in an informative description but we do not possess the expertise or ability to formerly bench test every item in existence that we come across so please consider insuring any shipments the age and characteristics of any items and look at the pictures and ask questions about any concerns that may not be addressed or even be known or as apparent to us as it may be to someone with extensive knowledge regarding any particular sort of items.


Vintage items by definition are a minimum of 20 years old and many are several decades older while some even date back centuries. Some items may be expected to last a lifetime or longer however many items did not come with such expectations and may have came a with limited warranty of so many days (30 or 90 ) or few years (1, 3 or even 5) or came with no such limited warranty or any warranty at all often at production having little if any expectations of manufacturer or consumer directed use past some limited time if never stated time frame. Due to the nature of items in general and any life expectancy of many items and the generally untested or untestable nature of many items that may rely on several internal or other components and process and sometimes irreplaceable parts, power sources, connections and/or conditions required for performance or use such as technical electronic items and/or items with mechanical features or other moving or connecting parts that may contain inaccessible and/or unreplaceable parts or aspects that require something additional such as a professional for example with changing out an internal part in a radio or in some other vintage electronic item or something more simple yet relevant such as the fuel, flint and wick all properly installed and properly positioned and functioning correctly in order for vintage lighters to perform as originally intended when first produced but not necessarily limited to and to include even changes of visual characteristics and aesthetics expected as well as unknown or unanticipated characteristics of any components or their housing in sections of or entire make up in relation to various characteristics of any material and not limited to plastics, metals, paper, wood or other known materials in manufacturing in addition to also include other time related and aging factors and variables of any and all parts that may be effected or subject to the laws of physics, changes in technology, any unknown extent of prior use, improper use, damage, lack of any support from manufacturer and more often than not the lack of continued existence of the manufacturer often even without a history to be found for some obscure items.


Vintage pieces may contain imperfections, as is common with wear (use) or age. Sometimes these blemishes add to the character and personality of the piece while other times someone may be searching for one of these vintage items that by definition is at least 20 years old in hopes of finding one in mint unused condition. We strive to do our best to show and describe the imperfections found and we strongly encourage study of the pictures and asking any questions for anything that may remain unclear or unknown when deciding to make a purchase in order to derive the most satisfaction from any order placed or not placed.


We are still in the process some years later of taking pictures, cataloging, researching and listing with many Vintage Collectibles, Interesting Items and other Miscellaneous and Needful Things with Aesthetic or other Appeal as well as frequently adding many "new to us" vintage items to the much larger "yet to be listed" group of unlisted vintage items that continues to dwarf the current number of 2600+ vintage items currently listed at the time of this listing while continually listing more items and realizing a lifetime may not provide enough time to ever get it all completely listed but continually work on it adding more vintage and/or antique Items of Interest and appeal updating frequently.


Save or Follow our SHOP for updates and check back often to see many OTHER GREAT ITEMS including: Big varieties of Gifts, Collectibles, Antiques, Rare & Vintage Music, Vinyl, Cassettes, CD’s, DVD’s, VHS Movies, Many Books, Vintage Marvel, DC, Independents and Underground Comic Books, Authentic Concert Tour Shirts, Vintage Jewelry, Gemstones, Shoes, Hats, Jerry Garcia Ties and other Vintage Clothing, Ticket Stubs, Posters, Prints, Pottery, Art, Autographs, Old Photographs, Coins, Stamps, Ephemera, Breweriana, Tobacciana, Zippo and Antique Table Lighters, Musical Instruments, Hot Wheels, Matchbox and other Diecast, Action Figures, Statues, Dolls, Models, Puzzles, lots of Vintage Games & Toys and Much More to come as available time for listing permits for an inexhaustible amount of some really cool items that we have or may have recently come across with new to us vintage items arriving all time from estate sales and unimaginable private collections from around the world.



Although we do have thousands of items that are not yet listed anywhere, there is no unlimited supply of personal treasures and miscellaneous vintage items collected throughout the years to continue to keep making new listings as items sell out. For some years now we have been sourcing many unique, popular, obscure and/or other sorts of items of interest and the items that may come with them when and where we find them. Because of the ever growing diversity and sheer amount of things there is simply no way to ever be an expert on everything or even know anything or much at all about some of the items of interest often with little time for the most comprehensive research possible remaining beyond utilizing the time available in just covering the basics of the bases and elaborating whenever we can about whatever we can with a welcomed appreciation for learning from anyone wishing to share knowledge and happy to listen to almost always be able to share some moments that may be competing with time necessary for many related and unrelated aspects and issues and other necessary responsibilities to tend to in a timely fashion as well. In addition to time space becomes another very relevant consideration with so many different vintage things acquired from the past and the ongoing all in investment of most every dollar possible that has not already been spent on some bill or necessary expense while continually acquiring more great items whenever possible as any opportunity arises for something that may not come along everyday or ever again.


In the limited time in a day and in what remains of a lifetime while existing in the space found among the many acquired vintage items it also becomes necessary in part to offer up even more items just to have the space to move and to be able to navigate a path to the kitchen, bed room, outside or anywhere before a growing mountain tumbles to crush one underneath. Most of the items come from auctions or estate sales from around the world and are sold and purchased as is often with little description aside from a picture. Even with many years of collecting and several years now of sourcing we continue to be fortunate to learn whenever possible in the often limited introductions with the time and space possible required to discover much more about all sorts of things somewhat familiar or never encountered prior making every single purchase a risk and some a long shot gamble unsure of exactly what all the bet was on sometimes and especially if we have never seen something before, don't know exactly what it is, what all it is supposed to do or how to turn it on. We definitely welcome questions and comments from anyone that may wishes to discover more than may be readily observed, known or disclosed in any listing as if there is interest there is also a good possibility someone knows much more than we do about some item or function or what may be desired, needs to be confirmed or is very relevant to what ever may be so many aspects possible that we may not be aware of with little or no familiarity of some items we occasionally end far from ever being any sort of master or expert on everything always appreciative of any greater discovery that may be made as well.


Anywhere comics may be referred to it can be considered to apply to other items in the shop as well unless it is not relevant. The information is particularly for increased understanding for anyone that may have little experience with vintage items or ordering things to be shipped to them or in making purchases from real people with a real small business vs buying items from corporations like Walmart or Amazon but the information is also meant to be helpful for anyone else as reference and for increasing mutual understanding. If you have read this far we already love and appreciate you a bunch and would probably expect everything to be at least satisfactory if not above in every way but please send us a message if anything in our shop is of interest and not completely clear and of concern and we will answer back ASAP as we want all of our customers to to be happy with their purchases and to return for more great vintage finds! We look forward to communicating and getting some great vintage items and bonus gifts from time to time on their way to you with many more to follow as well!


See high resolution scans and/or pictures of items listed for condition description. All scans or pictures are of actual items listed that will be received. No stock images are used. Please send us a message for any questions or any further information about anything in our shop prior to purchase and we'll answer back ASAP. Please CHECK Hi-Res SCANS or PICTURES for Condition and Description. We are not professional graders and any grades other than those designated and pre-assigned by CGC, CBCS or PGX are opinion, so please see all photos to make your own judgment. Even among professionals there is a great amount of subjectivity and one can send the same book back to the same grading service numerous times and receive different grades. We want everyone to understand their order and to be happy with their purchase so check scans closely as you will receive the exact item pictured. Any and all grades or descriptions outside of one from CGC, CBCS or PGX are best estimates only and not a guarantee of an exact grade that a grading service would assign as multiple graders are used for each book.


A picture says a thousand words and displays much of the information most needed from the actual item that will be received most accurately too. See high resolution scans and/or pictures of the actual item in each listing as the description and condition. No stock images are used in our listings as we prefer to take the time whenever possible to utilize accurate images so please take a moment to review the details from the actual images listed taken from the actual items that will be received. Please take a moment to read the descriptions of the items as well and any other information on the vintage items, shipping policies or anything else that was designed to put people on the same page to be helpful through information and clarity while aiming for the best decisions, realistic expectations and great experiences all the way around because we do not want anyone to be required to guess about anything or experience any disappointment about any items or policies or any terms and conditions or anything else based on dreams, wishes assumptions, lack of information or accurate ESP or any possible expectations that may not be realistic or accurate resulting in anything beyond the optimal being experienced from believing anything that may not be expressed, valid or true that may could have very likely been easily avoided entirely through clarity, education, available information and communication increasing mutual understandings and satisfaction for all.


All raw comics sold are bagged & boarded and some come with free shipping. Well not really "free" but it won't cost you any extra cause we're paying for it if it says free. Free means that it is paid for with what's left after the listing fees, marketing fees, value fees, postage fees, percentage fees of the actual postage cost charged to us as fees in addition to postage cost, packaging fees and several other related and associated expenses before the dog gets to eat and we try to feed him at least a minimally decent kibble when we can afford it and treats for being a good boy too whenever we can afford them cause he is a good boy even if some low ballers may not know it. We realize that the mailman and all postal employees have to eat too but unfortunately they do not work for us and we cannot afford to feed all of them as well even if every shop owner in the world pitched in to make their meals our responsibility. I reckon the US government is having a pretty hard time of it already. More on shipping, packaging "free" Existential Freedom and associated responsibility meaning other items and services and even more information below.


FREE to buyer Economy Shipping or Local Pick Up may be available for some items! Alternative or Enhanced Shopping, Shipping, Purchasing, Packaging, Gifting, Accessorizing, Decorating, Synchronization, Alternations and other Customizations and/or services may be available such as Expedited Shipping, Shopping Assistance, Freight Assistance, Advanced Tracking, Signature Confirmation, or Insuring, Special Packaging, Carrier or Container Substitution, Cleaning, Polishing, Painting, Accessorizing, Laundering, Gift Wrapping, Composing, Combining, Multiple Addresses, and Volume Discounts may be available and/or additional. Just ask!


A picture says a thousand words and a video adds even more does not mean that words are to be avoided or only used when it benefits one person but not when it benefits others or everyone. Please see all of the images for further description, details and condition. These are not stock photos. The images shown are pictures of the actual item(s) that will be received to be utilized as descriptions and as a reflection of the actual condition of the actual item(s) that will be received. Please ask any questions prior to purchase and we will be happy to get back with you ASAP. By placing an order you agree that you have reviewed all of the images and that you have read and understand the description of the item(s) that you are purchasing and that you have read and understand shop policies as much as you wish and/ or are willing to do and will ask any questions or make any requests for more or any specific details for anything not clearly understood prior to purchase. In order to save everyone the most time and money there is a no returns no refunds policy. Once necessary expenses are well beyond met through a combination of platforms we will reevaluate the priority of spending uncompensated time when asked to change shop policies for anyone not supporting the shop and not reading descriptions and policies, reviewing the available photography and/or video or asking any questions about anything not understood.



Please note: Vintage items come from a very wide variety of places and have been stored in various conditions for different lengths of time. We will always note anything unusual or noteworthy about anything out of the ordinary from any of the comic books or other items that we may acquire from various times and multiple ever changing sources from all over the world. However, we have no way of knowing if the many and ever changing new or old sources or the places and the sources they may acquire comics or other items from are allergen free, pet free, smoke free, dust free, moisture free or any other type of free or absent of any unknown condition nor do we have any sort of knowledge about the vast majority of any sort of a controlled or uncontrolled environments or other conditions. We make no claims or guarantees in regards to any olfactory sensations or interpretations or allergens, irritants or any other unknown or unfamiliar experience of sensory or other unknown and unfamiliar type of sensitivity and have absolutely no scientific means at our disposal to test for anything aforementioned, unmentioned, related or unrelated . We do not regularly hold every item to our noses and sniff every side and surface or pass items through multiple people for various subjective inspection, interpretations or multifaceted and detailed categorization or reporting but we can pull something and have about anything reasonable and requested attempted if anyone is seriously interested in purchasing something and would like for us to send any item to a laboratory, expert or other destination of their choosing before allowing anything to be shipped near their habitat if they feel a disorder or condition or anything else warrants any extra compensation and extreme measures or extra caution.


We can also upon request delay shipping until an appropriate number of requested independent individuals happen by that don't mind passing it to the next for non professional but possibly varied interpretations can be recorded before passing it on to the next available volunteer willing to attempt to detect anything related to anyone's described conditions or ailments reported but even if various people smell an item, rub it on their skin, taste it or whatever else may be requested or possibly attempted there is still the possibility that without allergies, heightened sensitivity or other personal and subjective similarities in sensitivities to any possible known or unknown environmental or other irritant that some something could be received in shipping with or sent out in shipping with could still go unnoticed and undetected if present. However, if any out of the ordinary smells or irritants or other abnormalities were ever detected it would be noted in any listing or never listed in the first place. We would also advise that anyone with a history of any diagnosis, reactions, sensitivities or other unnamed or named similar or different John Fleming type of sensitivity or conditions would consider any and all risks involved before buying any vintage, or other previously owned or aged items that have been sourced from all over the planet and simply cannot all be screened for all possibilities and degrees of allergens or environmental irritants or many other possible variables or other uncommon characteristics that may or may not be present in any known or unknown form or in any one person and not any one other person anywhere. RE: For John Fleming. Have we got enough in here yet John to avoid the ends of the bell curve and not offend anyone with a holiday play production or anything else?


Please let us know if you have any questions. Thanks for checking us out and please check us out again soon as many items are yet to be listed.


REGARDING USING MERCHANTS OF THE COMMODITY FORMERLY KNOWN AS JUSTICE THAT NO LONGER MEANS WHAT'S RIGHT OR TRUE OR FAIR OR JUST BUT WHAT CAN BE BOUGHT AND PAID FOR TO REMOVE ANYTHING AND ANYONE WITH LESS TO MAKE WRONG BE RIGHT AND THEFT AND ABUSE LEGAL, RIGHTS DISAPPEAR AND WHATEVER HONEST AND LEGAL THING YOU DO COME INTO QUESTION ENOUGH TO CHARGE YOU AS GUILTY UNTIL PROVEN INNOCENT BY PAYING MORE LAWYERS TO PRODUCE MORE ALLEGATIONS AND QUESTION AND DOUBT WITH OR WITHOUT ANY MERIT ABOUT WHAT SHOULD ALREADY BE ESTABLISHED EFFECTIVELY REMOVING SMALL BUSINESS FROM MOST ANY SITUATIONS DESIRED EVEN ON THEIR OWN TURF WHEN THE REST OF THE WORLD IS NOT ENOUGH FOR THESE GREEDY BASTARDS AND SOULLESS ENTITIES.


ATTN EMPLOYED OR LEGAL REPRESENTATIVES AND ENTITIES EMPLOYING BOTS TO FALSELY ACCUSE AND THEN STEAL THE TIME, EFFORT AND INVESTMENT OF INDIVIDUALS REPRESENTING SMALL BUSINESS CAUSING LISTINGS TO BE TO BE NULLIFIED AND REMOVED WITH IMPLIED AND CONTIMUED THREAT OF ENDING A SMALL BUSINESS WHILE HAVING NO RIGHT TO ANY ASSOCIATED INTELLECTUAL PROPERTY CLAIMED TO THEN IGNORE WHATS BEEN DONE WITH NO COOPERATION, COMMUNICATION OR ASSISTANCE AND LITTLE RECOURSE OUTSIDE OF THROWING DOLLARS AT SIMILAR SCUM FEEDERS IN REESTABLISHING WHAT YOUR DOGS HAD UNJUSTLY AND WITHOUT REFERENCE OR SECOND THOUGHT SMELLED TO THEN SIMILAR TO A NEUROTIC DOG PISS ON EVERYTHING IN SIGHT WITHOUT REAL OR REASON OR ANY RIGHTS FROM THE START REVIEW TO NONETHELESS BE CAUSED TO BE REMOVED THROUGH FALSE CLAIMS UNFOLLOWED UP ON AND JUST CAUSES ITS AN EASY PICKINS PLATFORM IN THE PASSIVELY CORRECTING ITS OWN FOR BEING ACCUSSED STRATEGY TO REMAIN BEYOND COMPLIANT AND UNTOUCHABLE IN CORRECTING THINGS THAT ARE NOT WRONG OR ILLEGAL BUT COULD BE IN SOMER PARELELL UNIVERSE SOMDAY AS AN ENTITY REMAINING UNTOUCHBLE FOR ETERNITY BY CUTTING OUT ANYTHING CALLED CANCER BY ANYONE THAT WANTD TO BE PLAYING DOCTOR JUST TO CALL EVERYTHHING A TUMOR THAT WILL NOT ONLY KILL THEM BUT ALSO TAKE A PENNY EARNED FOR SURVIVAL THAT COULD BE SPLIT AMONGEST SHAREHOLDERS WHILE ALL THAT FED THEM THAT ARE THEIR OWN ARE NOT GUILTY OF THE FALSLY AND SIMPLY ALLEGED UNCORRECTED WITH INDIFFERENCE TO ALLBUT ITS OWN PERSONA AND INCREASEDV COPPER TO THEIR WOULD BE BENAFACTORS BASED UPON A FALSE DIGITAL COSTRUCT AND MISIDENTIFICATIONS WHILE FALSE ALLEGATIONS NOW COME WITH PUNISHMENT IN SOME REALMS THE FOLLOWING APPLYS TO YOU AND YOUR LITTLE DOGS TOO:

A. The Use of Another’s Trademark In A Descriptive Sense
It is a basic principle marking an outer boundary of the trademark monopoly that, while trademark rights may be acquired in a word, symbol or device, acquisition of those rights does not prevent others from using the word, symbol or device in good faith in its descriptive sense, and not as a trademark. “This principle is of great importance because it protects the right of society at large to use words or images in their primary descriptive sense, as against the claims of a trademark owner to exclusivity.” Car-Freshner Corp. v. S.C. Johnson & Son, Inc., 70 F.3d 267, 269 (2d Cir. 1995); see Champion Spark Plug Co. v. Sanders, 331 U.S. 125 (1947) (registering proper noun as trademark does not withdraw it from language, nor reduce it to exclusive possession of registrant). To come within this fair use defense a person must make use of the other party’s trademark (i) other than as a mark, (ii) in a descriptive sense, and (iii) in good faith. See 15 U.S.C. §1115(b)(4).

B. Reference to the Owner of the Mark or the Owner’s Goods or Services

Another species of the fair use defense is the use of a mark when referring to the owner of a mark or the owner’s goods or services. Once again, this defense is only available if the unauthorized user is not using the term for purposes of source identification and the use does not imply sponsorship or endorsement by the trademark owner. Obviously, a great deal of useful social and commercial dialogue would be all but impossible if speakers were under threat of an infringement lawsuit every time they made reference to a person, company or product by using its trademarks.

In New Kids on the Block v. North American Pub., Inc., 971 F2d 302 (9th Cir. 1992), the Ninth Circuit affirmed summary judgment in favor of the defendant newspapers which had used the trademarked name of the band “New Kids on the Block” to refer to the band in polls it conducted for the purpose of stimulating newspaper sales. The Court referred to a “class of cases where the use of the trademark does not attempt to capitalize on consumer confusion or to appropriate the cachet of one product for a different one,” noting that “[s]uch nominative use of a mark – where the only word reasonably available to describe a particular thing is pressed into service – lies outside the strictures of trademark law: The Ninth Circuit stated that a commercial user is entitled to a nominative fair use defense if the user meets the following three requirements: (i) the product or service in issue must not be readily identifiable without reference to the mark; (ii) only so much of the mark may be used as is reasonably necessary to identify the product or service; and (iii) the user must not do anything to imply sponsorship or endorsement by the trademark owner. New Kids on the Block, 971 F2d at 308.


C. The First Sale Doctrine

The first sale doctrine (17 U.S.C. § 109) is primarily an exception to a copyright holder’s exclusive distribution right under § 106(3). It allows someone who legally purchases a copyrighted physical work (like a book or CD) to resell, rent, or gift that specific copy without permission from the owner.
Copyright Alliance Limitation: It means the copyright holder's control over a particular physical copy is exhausted once it is sold for the first time.
Scope: It generally applies to tangible goods, allowing libraries to lend books and consumers to sell used items. Exclusions: It does not permit the owner of the copy to make new copies (reproduction right).

The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the distributor had no authority to do so from the actual trademark owner. See Polymer Technology Corp. v. Mimran, 975 F.2d 58 (2d Cir. 1992). “After the first sale, the brandholder’s control is deemed exhausted and down-the-line retailers are free to display and advertise the branded goods. Secondhand dealers may advertise the branded merchandise for resale in competition with the sales of the markholder . . . .” Osawa & Co. v. B&H


The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as they see fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it. However, the owner of the copy of the book will not be able to make new copies of the book because the first-sale doctrine does not limit the restrictions allowed by the copyright owner's reproduction right. The rationale of the doctrine is to prevent the copyright owner from restraining the free alienability of goods. Without the doctrine, a possessor of a copy of a copyrighted work would have to negotiate with the copyright owner every time they wished to dispose of their copy. After the initial transfer of ownership of a legal copy of a copyrighted work, the first-sale doctrine eliminates the copyright holder's right to control ownership of that specific copy.[3]

The doctrine was first recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1909.[4][5] In the Bobbs-Merrill case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy's department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill's consent. The Supreme Court held that the exclusive statutory right to "vend" applied only to the first sale of the copyrighted work.

Today, this rule of law is codified in 17 U.S.C. § 109(a), which provides:

Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.

The elements of the first sale doctrine can be summarized as follows: (1) the copy was lawfully made with the authorization of the copyright owner; (2) ownership of the copy was initially transferred under the copyright owner's authority; (3) the defendant is a lawful owner of the copy in question; and (4) the defendant's use implicates the distribution right only; not the reproduction or some other right given to the copyright owner.

Although copyright has always been treated as a limited territorial right, in 2013 in Kirtsaeng v. John Wiley & Sons, Inc. the US Supreme Court eliminated the territorial restriction on the first sale. Since then, copyrighted products legally bought abroad (often at a lower price) can be legally imported and sold in the US without any post-sale restrictions.