Legal Question in Intellectual Property in California

Parallel Importing and the First Sale Doctrine

My question pertains to U.S. law, in general. I buy USED car parts here in Japan and re-sell them on on Ebay. I recently had an auction cancelled via Ebay's VeRo system which has been set into place to protect copyrighted/trademarked material. The VeRo memeber which requested the cancellation is a Honda of America. I contacted them asking why the auction was cancelled and they replied with a very vague email referring 'my lawyer' to the issue of ''famous branded / trademarked parallel or grey

market products'' without answering my question about the specific infringement. Up until this point, I knew NOTHING about IP law. After the cancellation, I researched. I have read about the First Sale Doctrine, Lanham Act, Tarrif Act, to include section 526(a). ALL of my items are 100% USED, AUTHENTIC Japan Honda Co., Ltd. parts(affiliate of American Honda Co., Ltd, correct?). I do not sell quantities of single items. I think my auction was unfairly removed but I can't get straight answers from American Honda Co., LTD. Am I possibly mistaken in my understanding that the items I sell are not infringing upon any trademarks? Any help would be appreciated. The farther I get with my research, the more complex the legal terms become. Thank you.


Asked on 7/08/06, 7:10 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Parallel Importing and the First Sale Doctrine

Congratulations on discovering that the law is complicated. Maybe you should go to law school. Or you could hire a lawyer to send letters to, or possibly sue eBay, and/or Honda.

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Answered on 7/08/06, 10:31 am


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