In Matrix Essentials v. Quality King Distributors, the Eastern District of New York recognized that trademark law is designed to protect consumers from confusion, not to preserve corporate distribution schemes and minimum prices. 

L'Oreal sued a competitor (and tried to interest the U.S. Attorney in starting a criminal prosecution) for "diverting" (i.e., reselling) L'Oreal's hair care products outside of L'Oreal's authorized distribution system. Although L'Oreal characterized the shampoo as "counterfeit," the court didn't buy it:

Under the "first sale" doctrine, long a basic premise of trademark law, a trademark owner cannot control distribution of a trademarked item beyond its first sale. The re-sale of such genuine goods does not create consumer confusion and supports neither a claim of infringement nor unfair competition.

Far from protecting consumers, penalizing resellers for selling authentic products raises prices by halting legitimate competition. Nevertheless, some courts have bought into the argument that resellers are liable for selling less expensive products without permission of the manufacturer. This court, at least, appears to have gotten it right.

via Likelihood of Confusion