Upselling

I have opened an Etsy shop and was
wondering if I could buy items plain or
patterned and customize them with
paint or vinyl and resell them legally. I
am obtaining a local business license
today.

Asked on March 22, 2018 under Business Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can "upsell" unless the item in question is copyrighted/trademarked and/or so long as when purchasing the item you did not agree to not resell the item and/or use it soley for personal use.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can do this with any item:
1) Not protected by copyright or trademark: only a copyright holder/owner can create adaptions or derivitive items based on copyrighted material, and only a trademark holder may authorize any use of its trademarked material.
2) Where you do not, in buying, agree to terms of sale that state that you may not resale or only for home/personal use only.


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 AttorneyPages.com 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.