period of time and also accepts the risk commonly associated with a sale, the court determines the transactions between Adobe and SoftMan are sales. Thus, the first sale doctrine applies and Adobe's copyright claims are rejected. In response to Adobe's claim that SoftMan violated terms of service described in the EULA, the court decides that SoftMan is not bound by the EULA because there was no assent. However, the court declines to comment on the general issue of shrinkwrap licenses. 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 the original bundle. SoftMan disputes this and claims individual software can be registered separately and receive support. Since this dispute exists and not issuing an injunction is likely not going to cause irreparable injury to Adobe, the preliminary injunction is denied. See also List of leading legal cases in copyright law First-sale doctrine Copyright infringement of software Step-Saver Data Systems, Inc. v. Wyse Technology External links Decision of the court in Softman Products Co., LLC v. Adobe Systems, Inc., 171 F. Supp. 2d 1075 (C.D. Cal. 2001) United States copyright case law United States District Court for the Central District of California cases 2001 in United States case law Adobe Inc.