Bellflower, CA asked in Intellectual Property for California

Q: I'm a ebay seller, I am selling "Hair straighteners" that are not "copies". The company contacted me through email.

They said "I was not an authorized seller and my listings infringe on their intellectual property rights. Do they have a leg to stand on? or does the "First Sale Doctrine" protect me? I obtained the products legally and did not steal them.

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1 Lawyer Answer

A: I would recommend checking if you entered in some type of licensing agreement upon purchasing these products (for example, if the products you purchased came with some material on CD that contains some licensing terms prohibiting re-sale, etc),otherwise, as long as you obtained the products legally and did not create copies, you probably just fine and protected by the first sale doctrine.

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