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

Asked on March 31, 2017 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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.