Legal Question in Business Law in California

Is there any act that has been passed that that will allow me to tell the VeRO program on ebay to stick their copyright infringement allegations you know where? I keep getting listings removed and it is costing me money!! They are removing my items and they have not even seen them first hand. All my products are purchased wholesale!! I am selling movies.(NEW and factory sealed!! Is there anything I can add to my listing such as used or new but pre-owned ? And why would this help? I remember coming across a disclaimer directed at VeRO to tell them to stick it because once a item is purchased by someone it is theres and they can do whatever they want with it. It seems that all companies in america are trying to prevent retail from dealers who do not pay fees to the trademark holder to be a authorized dealer with them. There has got to be some act otherwise how can garage sales happen without grandma going to prison. Please help


Asked on 9/24/09, 10:24 pm

2 Answers from Attorneys
David Haddock David Haddock Legal

Check out this page about the First Sale Doctrine:

http://en.wikipedia.org/wiki/First-sale_doctrine

I provide information about the law designed to help people safely manage their own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. I do not know all the facts of your case, and do not represent you. Although I strive to make sure the information I provide is accurate and useful, I recommend you consult a lawyer who can learn the details of your case more completely, to insure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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Answered on 9/25/09, 11:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

While the first-sale doctrine may make your resales (and grandma's) perfectly legal, you also have to assume that eBay's policy makers know about the first-sale doctrine and have taken it into account in formulating their listing-removal policies. They have a right to formulate whatever policies they think are needed to protect themselves and the public, whether the policies are too broad and all-inclusive or not, so long as they apply the policies uniformly and non-discriminatorily.

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Answered on 9/25/09, 12:19 pm


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