Legal Question in Intellectual Property in Texas

I bought an item from ebay. Now, after using it for about a month. I decided not to keep it. So, I listed this item for sale on ebay, but ebay delisted my item because the company who originally made this product says this is a Intellectual Copyright Violation. Is it true? Can I be charged in a court of law Civilly or Criminally? Am I wrong if I am selling something I bought online? Thank you in advance.

PS: This product was not sold since it was delisted.


Asked on 10/28/09, 2:35 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

There must be more to the story.

If you buy a copyrigted item, you have the right to resell it, unless what you bought was not the item, but just a license to use it. I am guessing that is your situaton. If so, you certainly could be charged if you sell the licensed item, as a license means you don't own it you only license it (i,.e. rent it). Selling it would be like you selling an apartment you are renting. The owner can sell the apartment but the renter can't because the renter doesn't own it.

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Answered on 11/06/09, 3:03 pm
Bruce Burdick Burdick Law Firm

I suppose there could be another reason for ebay to delist. The item you bought might not be authentic. That is, you have no right to sell a counterfeit even if you bought it thinking it was real. And, yes you could be charged for Trademark Infringement or Copyright Infringement if the item bears an unauthorized trademark or is an unauthorized copy of a copyrighted item. Just because you bought a $100 Rolex from a guy on the street selling hundreds of them doesn't mean you can resell it to some unsuspecting third party dupe. Counterfeits don't become legal just because you buy them on eBay.

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Answered on 11/16/09, 4:25 pm


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