Legal Question in Intellectual Property in California

A copyright violation to resell a 'gift with purchase' item in auction?
I made a purchase through the storefront of a media company and recieved a 'gift with purchase' exclusive item that was related to my purchased item. The 'gift' is a collectible item with monetary value, and was used as an incentive to buy from their store. Several months later I attempted to auction the purchased item and included the 'gift', thus the auction was an exact replica of the special 'exclusive' the storefront was offering. The auction was canceled at the request of the store, citing copyright violation. I checked back at their site, and they don't have the exclusive 'gift' items anymore, nor was there anything saying the gifts could not be resold, neither now or at the time I made my purchase.
Do they have a legal right to prevent me from selling one legally obtained 'gift' item along with the original purchased item?

Asked on 9/28/03, 11:24 am

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

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Re: A copyright violation to resell a 'gift with purchase' item in auction?

It doesn't sound like it.

Answered on 10/04/03, 4:01 am

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