Do I have right of first sale?
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Do I have right of first sale?
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I bought an airsoft gun (a bb gun that looks like a real military gun) from an American company based in CA, that is manufactured by the Chinese company JG and molded after an MP5. The real steel MP5s are designed and made by the German company (with U.S. affiliation) H&K. I tried to sell my gun on ebay (which in and of itself is legal) and H&K took down my auction because I was selling a counterfeit. I believe they are wrong. As far as I see it, since H&K's copyright does not apply in China, China can legally make the gun. The gun was legally imported to the U.S. and legally sold by a legal company. Don't I have right of first sale to sale it on ebay?
NOTE: I am sorry if I have any "bad" terms, I am not a lawyer and am not going to law school.
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ron_mexico
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First of all, your reliance on the first-sale doctrine is flawed. It seems like H&K is asserting that you're selling a counterfeit good (a non-legal copy of their gun). The first-sale doctrine does not give you the right to sell counterfeit goods, so asserting the first-sale doctrine is useless.
Also, there is no such thing as a "right" to sell something on Ebay. Ebay is a private company, and as such, can choose which listings to include and which listings to remove. Thus, even if you have a valid legal argument to sell an item, that doesn't mean Ebay will let you or make it easy for you. |
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