Legal Question in Intellectual Property in Oregon
Intellectual Property
Hello, I acquired a ouija board at a concert. The guy I bought it from said it belonged to the singer Glen Danzig. I bought it for $40.00. 3 years later I needed money so I listed the ouija board on Ebay. I was notified after the ouija board sold for $150.00 that Glen Danzig and his lawyer wanted the ouija board back because it was his intellectual property. Apparently the board was not manufactured and was one of a kind. Now his lawyer wants the board back. He is going to put out a court order to get this board back from the guy we sold it to. It appears I will have to pay the 150.00 dollars back to the guy who bought it from us on Ebay. Do I have any rights here. I feel as though i'm getting dooped. Can I get in trouble for selling this item? I had no idea it was intellectual property.
1 Answer from Attorneys
Re: Intellectual Property
While I don't know all the facts, from your description it sounds like someone is trying to pull the wool over your eyes. It is hard to imagine a lawyer saying a ouija board is someone's "intellectual prpperty." My guess is they did not say it infringes a patent. Did they claim trademark infringement? That would generally be dead in the water if whatever TM is on it was put there by the TM owner, but again, I don't know the details. If they are claiming copyright infringement, take a look at 17 U.S.C. � 109, which provides that if it was lawfully made under the Copyright Act, whoever owns it gets to sell it no matter how much a singer's lawyer may howl.
It does not matter if it is one of a kind, or made by hand instead of in a factory, the Copyright Act calls it a "copy" if the intangible "work" is embedded in it. Unless they claim it was stolen or that whoever possesses it is not the owner -- of the ouija board, not the copyright -- then you should by all means take it up with your own lawyer.
Pretty much anyone who makes it into preschool is a copyright owner, but for some reason, those who exploit valuable copyrights seem to have a rather expansive view of what is theirs. In my experience, they often claim far more rights than the law gave them.
Find a lawyer who can second guess their claims. Good luck.
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