Season 5, Episode 11. The Secret Laws of Reselling: IP Rights in Secondary Markets

Ever wondered what happens when your right to resell clashes with someone else’s trademark? The secondary market is booming—from luxury perfumes to used hard drives and even virtual farm animals—but these second lives come with surprising legal complications.

Secondary markets aren’t just about thrift store finds anymore. They’re complex ecosystems where intellectual property law determines what you can truly do with the things you’ve purchased. Through a global tour of fascinating court cases, we unpack the legal principles that govern reselling, refurbishing, and reimagining products across physical and digital realms.

In Norway, a phone repair shop learned the hard way that erasing Apple logos from replacement screens doesn’t erase their legal obligations. Meanwhile, in India, courts embraced refurbished Seagate hard drives as sustainability wins. The digital world presents even thornier questions—can you resell an e-book like a paperback? (Spoiler: European courts say no.) And what about those $133,000 “MetaBirkin” NFTs that landed an artist in hot water with Hermès?

From Brazilian video game importers to Italian pharmaceutical repackagers, we explore how trademark exhaustion works differently across borders. You’ll discover why Chanel fights so hard to control where its perfumes are sold, how Zynga protected its virtual cows from unauthorized trading, and what happens when Finnish axes travel from North America to the Czech Republic without permission.

Whether you’re flipping consoles, fixing phones, or minting NFTs of luxury handbags, understanding these landmark cases could save you from accidental infringement. Secondary markets provide real benefits—reducing waste and extending product lifecycles—but navigating them legally requires knowing when ownership ends and intellectual property begins.

Subscribe to Intangiblia for more plain talk about complex IP issues that affect everyday transactions in our increasingly digital marketplace. Your secondhand purchases might come with more legal baggage than you realized!

From Spark to Impact, the Conscious Path of an Idea Intangiblia™

In this special episode, Leticia Caminero steps into the guest’s seat to explore the ideas behind her book Protection for the Inventive Mind. Through an honest and reflective conversation, she shares how creativity, human-centered design, and intellectual property come together to turn fragile ideas into real, sustainable value. This episode is an invitation to think differently about innovation, protection, and the courage to build with intention.Ever had an idea feel bright in the shower and dim by lunchtime? We open the door to a different path: a living, pencil-in-hand guide for taking an idea from spark to market with intellectual property as structure, not handcuffs. Leticia moves from host to guest to share why she wrote Protection for the Inventive Mind and how it helps creators make small daily moves that reduce anxiety, protect originality, and build sustainable income.We walk through the mindset shift that turns books into workspaces and readers into builders. Instead of chasing a finish line like “file the patent,” we reframe protection as a bridge to value—licensing, partnerships, investment, and fair deals. You will hear how to sequence complexity, choose what to cut without losing the soul of the idea, and align patents, utility models, or industrial designs with a clear strategy. The String of Thought method takes center stage: an honest chain that captures fear, sparks, contradictions, and breakthroughs without polishing too soon. That chain becomes both creative x-ray and strategic map, revealing what deserves protection and where the market fit can take root.From user-first thinking to documentation practices that stand up in conflict, we stitch together design thinking, practical IP, and monetization in a humane way. This is about creative justice: giving your idea the structure it needs to breathe, be recognized, and be paid. If you are tired of vague advice and hungry for a process that respects both magic and rigor, this conversation will meet you where you are and move you one concrete step forward today.If this episode helps you see your idea more clearly, share it with a friend who needs a nudge. Subscribe, leave a review, and tell us the next small step you will take.Send us a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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