I'm sure this has been much discussed but where is it against the law to sell one of these if it is a PRIVATE individual who is selling. It's not a company selling a new instrument for profit nor is the seller not disclosing that it is a copy. Does Rick really have the law on their side in this case?
Not to be disrespectful of Rick; I love their stuff and always will, but where in the law is it stated that one can prevent a private seller from selling personal property. And well over 20 years after the original sale of the instrument took place.
Where I'm I going wrong here?
Trademarked &/or copyrighted materials cannot be sold (at least publicly) unless authorized to do so. You can make a replica for personal use, but you can't sell it legally, even if you clearly state it's NOT the real deal.
If RIC didn't have the full backing of their legal rights, then ebay most definitely wouldn't pull the offending auctions. If there was any doubt, then it would be a major legal hassle to get this stuff taken off the site, but they kill these sales regularly & promptly, so that would indicate an undeniable legal right to do so.
Yes, it is not a crime to own or sell one. But Ebay has a strong trademark/copyright infringement policy and allows for intellectual property holders to stop auctions of items that violate the policy. When you hold a trademark or copyright you are required to guard it consistently or risk having your property become public domain. Gibson recently lost the appeal in the case against PRS for the Les Paul shape, probably because the shape was copied by so many without issue for many years. RIC does not want that to happen to their shapes. JH must demonstrate diligence in protecting the trademarks. I am sure he would rather not have to worry about it so much but he has no choice.
I work for a commercial pest control company and get into lots of different types of accounts. I came across a bass made out of a bedpan one time. I've heard of "bottom" end but that was carrying it too far.
I wouldn't want the Ouija bass because if I ever missed a note, my drummer could say, "Why don't you ask the spirits what that note was supposed to be?"