Legal Question in Intellectual Property in California
I purchased almost 100 patterns for craft items at a street fair over a year ago. My original intent was to use thes patterns for personnel use. Since then, the need has arisen to clear space in the raft room and I would like to sell these patterns on ebay.
The original artist of the patterns (not who I purchased them from), has placed the following on her pattern: "You maay use this pattern for your own personal use for profit or fun. You may only make a copy for yourself. NO MASS producing allowed without express written permission. Credit MUST be given to Tennessee Ridge Primitives for the pattern design when you sell the finished product ONLINE OR OFFLINE."
I want to sell the single copy that I purchased. I am NOT mass producing them, and I m giving credit to the the designer.
I am simply tring to re-coup the $$ that I spent when I purchased the patterns.
Thank you
2 Answers from Attorneys
You have every right to resell the patterns, but eBay might not let you sell them there, and you won't be able to reason with them.
You're selling patterns, not articles made from the patterns, Under the "first purchase rule," you may re-sell the patterns without violating any trademark law or rule.
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