Reselling Brand Items

UPDATED: Sep 30, 2022

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Reselling Brand Items

Hello, quick question. If I buy brand name products from a liquidator, can I
resell those items on my website legally? ex Aveeno, AXE, Colgate..ect..

I am planning on purchasing 5k worth of general merchandise from a liquidator
and I do not want to post them online and then receive a letter from their lawyer
stating I cannot resell them.

Thank you

Asked on November 3, 2016 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can legally sell them on your website as long as:
1) You don't suggest a relationship between you and the manufacturer/distribributor that doesn't exist (e.g. that you are  an approved or official agent or distributor); 
2) You don't put your name on their product or otherwise alter the label or confuse the matter as to the original source;
3) You don't use their trademarks to market it without their permission; 
4) And you are not violating any sales or purchase agreement which you signed or entered into which prohibits you from doing this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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