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Can I resell items on Ebay without abusing intellectual property rights?I have items I want to resell on Ebay's auction site. I was told I cannot resell them using any of the original makers photos or description. I would have to use my own wording and pictures, and then it would be legal to resell them. Is this the correct way to resell to avoid Intellectual property rights? Attorney answers (3)
Reputation Level 20
Answered over 2 years ago.
Intellectual Property Law Attorney in Los Angeles, CA.
That's right, the photos are most likely copyrighted and belong to the manufacturer, as does the copy editing describing the products. As a practical matter, there are limited ways to describe some of the these products and your own description may sound a lot like the manufacturer's.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 1 person marked this answer as good
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Reputation Level 18
Answered over 2 years ago.
Intellectual Property Law Attorney in Sacramento, CA.
I suggest that you review eBay's guidance on how to comply with its product listing policies:
http://pages.ebay.com/help/sell/compliant-listi... http://pages.ebay.com/help/policies/replica-cou... http://pages.ebay.com/help/tp/programs-vero-ov.... 1 person marked this answer as good
Amanda Jane McLaughlin, licensed in California
Reputation Level 14
Answered over 2 years ago.
Intellectual Property Law Attorney in Miami, FL.
The following comments, provided free of charge, do not constitute legal advise nor does it create an attorney client relationship.
When you buy an item you are entitled to sell it. What you are not entitled is to use the item's manufacturer logos, trademark, pictures, and anything that you did not acquire. Your best bet is to take a picture of the item and its box, which may contain the trademark and logo, and write in you own words what you are selling, including the trademark of the item, but you cannot use the fonts of anything belonging to the manufacturer, 1 person marked this answer as good
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