Selling homemade item on eBay

[Harveytex]

What is the name of your state (only U.S. law)? Texas

I have constructed and have been selling an item that was described in a magazine. The author of the magazine article informed me that I can't do that and threatened me with legal action. I backed down and removed the item from sale. Does he have a legal right to stop me from selling the item? It is not an exact duplicate but does use his theory of operation to make the item perform as it does. Thank you.What is the name of your state (only U.S. law)?

 

[justalayman]

without knowing more about the product and what the original creator is claiming as his, no way to tell. One thing though is if the creator is willing to sue you, even if you win you will still expend a considerable amount of money to defend yourself.

 

[FlyingRon]

If it's protected by patent, you can't do it.
If you are infringing on his copyright, not only can't you do that, he doesn't have to take you to court. He makes a declaration that you're infringing to ebay and they'll poof your auctions.

We'd need more information.

 

[Harveytex]

Thanks for info

Thank you for the replies to my question. The item I was selling netted me about $15.00 each and I was selling only a couple a week. This activity obviously was not worth the risk of being sued. It was just something to fill some free time. I am retired, living on a close budget, and certainly not in a position to fight. Too bad as I was really having some fun with the project. Thanks again for the information.

 

[Mass_Shyster]

I was really having some fun with the project.

Contact the author and ask for permission to make them, and offer him a percentage.

 

[Harveytex]

Interesting suggestion

Thanks for the suggestion. I had never given that a thought. It certainly would keep me "happy" and put a few dollars in his pocket. I may just do that.

 

[The Occultist]

In case you were wondering, how little money you made off the project is largely irrelevant to how much money you could successfully be sued over. They can still get money out of you even if you didn't make a single penny off the project.