Legal Question in Intellectual Property in New York

copyright law

I am an ebay seller.

I had an auction for a Tokyo Marui mp5 Airsoft gun for sale cancelled by ebay. They told me an Heckler and Koch representative told EBAY it was an infringing item.

The item itself has NO TRADEMARKS OF ANY KIND present. No where in the listing did i suggest it was an h&k product or even COMPARE it to one.

I was under the impression that if i purchased an item legally i could sell it under the First Sale Doctrine.

They are essentially telling me i can go out, right now, buy this item from any of hundreds of thousands of retailers, and somehow i can never sell it?

It seems as if this company ''continental enterprises'' is lying to me.

What is the actual truth in this matter? how can i defend my reputation against they accusations?


Asked on 12/02/08, 3:09 am

1 Answer from Attorneys
Steven Mark Steven Paul Mark, Attorney at Law

Re: copyright law

You're generally correct about the 'first sale' doctrine in the US. However, if there's no trademark on the gun from H&K, it's not their product, there's no trade dress issue or patent infringement I don't see how they can claim an infringement. It may be that ebay had been notified in the past by H&K and has established a policy.

Read more
Answered on 12/02/08, 11:04 am


Related Questions & Answers

More Intellectual Property questions and answers in New York