They didn't sell any food then, but they do now. It is this doctrine that allows you to buy a record album and, after you're done listening to it and presuming you haven't made a copy of it, to sell that album at a used record store. Etsy.com has published it’s own “intellectual property policy” for sellers which states that they “comply with intellectual property laws and industry best practices“. The fact that Costco merely had to adjust their packaging may seem minor, but the case was immensely costly—far more than any typical reseller could bear. Filters. Even if you’re running a strictly online business, your website may use logos and other borrowed imagery to create a more upscale experience and help customers quickly identify the brands of products they wish to buy. Third, there are sales tax issues. If you’re using manufacturers' logos to advertise the products you’re reselling, you need their permission. As a reseller, you maximize the value of your product by marketing it as new and identical to the same products sold by major retailers. A legal raffle is generally run with some kind of time constraints. Why do it? I also give many, many items back to the shops when they haven’t sold. Back in the 1990s, guitar manufacturer Fender sued Unlimited Music Center for importing and selling Fender guitars made for the Japanese market. Is it legal as in does it break any US/State/Local laws to sell that item as “new”? Search. I have to say having looked for consoles in bulk it does seem like some kind of secret thing, you simply can't just phone up and buy 50k's worth. Bulk wine and liquor manufacturers sell their bulk product for placement in store brands bottles and numerous other bottles. For instance, a discount store might contract with Nike to buy surplus and discontinued shoes at a steep discount and sell them in their stores. Another one of the desirable features of being an authorized reseller is that a product’s full warranty is preserved when it is transferred from manufacturer to reseller. As a verb resell is to sell again. You can refer to trademarked names while titling and describing your products—you don’t have to omit every reference to ‘Nike’ or ‘Air Force 1.’ But when you start using trademarked names and logos as elements of your storefront design and marketing efforts, you’re crossing the line into trademark infringement. 1 decade ago . As well as hacking together the websites for the businesses (using the wonderful Drupal) I've been responsible for legal compliance. Thank you in advance for your help. For many things, it is not illegal to do this. Relevance. I understand that the data I am submitting will be used to provide me with the above-described products and/or services and communications in connection therewith. If you’re determined to move forward, be sure to get sound professional advice so that you’re protected. Often, people just don’t want to bother selling something so they just give it away. The presumption is that the author has already been paid for his or her work. 3 Answers. My view is that it is OK to do. Thus, even though resold products are genuine, a reseller may be guilty of trademark infringement, because they have failed to secure the licensing necessary to pass the product’s original full warranty on to a consumer. If you want to start importing items from overseas to sell in the UK but you aren't sure which products to import, this list is for you! For example, customizing a converse shoe and selling it on a site like bigcartel. In short, you have some thorny legal and accounting issues here. Looking forward to the process. These are also great items to sell as lots, since a mom with a hockey-playing kid might be looking for all of the gear at once. And if you’re looking for Viagra auctions on eBay, don’t even go there. You might be able to pick up something at a good price outside its peak selling season, or buy items in bulk and sell them on individually. This means that you may not have the right to use the original shops descriptions or images for … Once you have purchased something at retail it is yours to do with as you choose. I am not your attorney until retained by a written retainer agreement signed by both of us. This falls under the Lanham Act, which prohibits the unauthorized sale of products bearing a registered trademark when they are ‘materially different.’ That is, if a consumer would consider the difference between the original and resold product to be significant, then the unauthorized sale of the inferior product degrades the esteem in which the trademark holder’s products are sold. When you buy low and sell high, that’s called arbitrage. Category. There are many businesses that are authorized resellers of products. Even if it is “legal”, Amazon can say they don’t want you selling it on their site. If you’re a small-time operation, you may fly under the radar. Search Filters Sort by Post an ad. But under the first sale doctrine, the courts have long recognized the … The key to making money as a reseller is preparation, according to Shawn Taylor, who’s been buying and selling items for 25 years. We’ll feature a different book each week and share exclusive deals you won’t find anywhere else. That’s the gist of a U.S. District Court ruling in New York last week, that found it’s not legal to resell songs purchased on iTunes. 417 Mace Blvd. You can research how much they usually sell for as single items to see whether they're a worthwhile investment. 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