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Can I sell an advanced copy?

Asked almost 3 years ago - Philadelphia, PA

I purchased a model figurine online from an employee who works at a particular figurine company. The company create, sells, produces and distributes only their own figurines.

The figurine that I purchased will not be on sale to the general public for a few more months. The employee was given the figurine as a reward for completing another project.

As I have legitimately purchased this figurine, can I sell my figurine even though it is not available for sale to the public?

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Attorney answers (2)

Oscar Michelen

Reputation Level 15

Answered almost 3 years ago. Intellectual Property Law Attorney in New York, NY.

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From your description of the facts, the figurine was not stolen or obtained in any other illegal manner. Therefore, there is no restriction on your selling the item. I would just keep records of how, when and where you acquired it should an issue arise. If anything, it may cause problems for the employee but not for you.

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Daniel Nathan Ballard

Reputation Level 18

Answered almost 3 years ago. Intellectual Property Law Attorney in Sacramento, CA.

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The only wrinkle that I see that may complicate Oscar's analysis is if the figurine company maintains the appearance of its not-yet-released figurines as trade secrets.

Just because one of its employees was given an advanced copy of a figurine does not necessarily strip away its trade secret protection -- and because you know that your particular figurine has not yet been publicly released your state's trade secret law may preclude you from lawfully offering the figurine for sale. I do not know how Pennsylvania's trade secret law would deal with that situation.

In some industries what's "new" is what sells and so by offering for sale a not-yet-released figurine by Company X you may be inserting yourself into a contentious marketplace and providing Company Y with a significant commercial benefit. I don't know how much you can sell the figurine for in that marketplace -- but if it were me I would likely wait and would certainly not advertise the figurine as a "New and not-yet-released Company X figurine!"

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