This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is contrary to the policies underlying both trademark protection and to those favoring free trade.
Amy J. Grason, IBM v. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994)