Am I allowed to buy candy and resell it?

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Am I allowed to buy candy and resell it?

I am starting a monthly snack subscription box where each month I compile
numerous candy and snack. They remain sealed and in their original packaging. I
was wondering if I bought, for example, a lot of KitKat bars in bulk at Costco
could I sell them in my monthly subscription box along with 4 other candy bars?
My company name is not KitKat or anything like that. Do I need permission from
Hersheys? Thankks

Asked on January 16, 2017 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You don't need permission to resell their candy unless when you bought it, there were terms of sale which prevented resale (e.g. you bought large bulk quantities which are sold in packages saying "not for resale"--if you do that, you are buying it subject to the restriction to not resell). You would need permission to use their trademark, logo, etc. in marketing; only the owner of a trademark, etc. can use it or allow others to use it. Using their trademark or other intellectual property without their permission could result in you being sold if they become aware of it. And do not suggest any connecton or link between you and them which does not exist.


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