Intellectual Property Law

Do I violate patent law if I sell my personal, used patented items on eBay?

By IBLS Editor

I purchased several Natural Bras from the Invention Channel (www.inventionchannel.com). After trying it and not liking it, I decided to sell the ones I didn't use on e-bay. I just received notification from e-bay saying that my items for sale were cancelled because they received (which they also attached) a warning letter from Bragel International Inc.saying that the product I was selling was a violation of patent rights. It went on to explain and also had links which further explained that the item was in violation of one or more US and International patent, trademark, design and copyright laws. The Invention Channel's comment on this product is that since it's a "personal product", that they cannot accept returns. How is the Invention Channel allowed to sell items with patent rights violations to the public and then say they can't be returned? They were not cheap items, and that's why I decided to recoup my losses and sell the unused ones on ebay. Any information would be appreciated.

Patricia

Full post as published by IBLS Internet Law Blog on March 05, 2009 (boomark / email).