Topic on reselling items.

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Topic on reselling items.

I am wondering if it is legal for me to buy disposable
mascara wands from a mnaufactuer online and then
package and put my branding on it and reselling it?
Would I have to get permissions from the
manufacturer first or would I be able to just buy and
resell?

Asked on March 31, 2017 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may NOT do this: you are not allowed to rebrand others' products as your own without  permission (e.g. a license) to do this. Otherwise, you are violating their intellectual property (e.g. trademark) and/or confusing customers (basically lying to them) as to the source of the goods, which is itself a violation of the law. You could be sued for doing what you propose. If you want to sell cosmetics under your own brand, hire a factory to manufacture them for you under a "private labeling" (putting your brand/name on them) deal; or else get raw materials and make them yourself.


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