Can I legally resell products after transferring the product into another bottle with my company logo on it?

UPDATED: May 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 16, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I legally resell products after transferring the product into another bottle with my company logo on it?

I have started a resell on-line business but I have one dilemma. What is the best way to legally sell products on my site without the consumer going straight to my resource’s website for future orders? I Really want to purchase the products and simply transfer the product into another bottle with my logo on the label. In no way would I be altering any of the product ingredients, simply wanting to avoid losing return customers.

Asked on May 16, 2011 under Business Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You almost certainly can *not* do this. What you suggest is passing off someone else's product as your own; you could possibly run afoul of various intellectual property and unfair competition laws. The way to do this is to private label instead--assuming that the formula is in the public domain, or that you can fairly easily come up with a similar formulation, make the stuff yourself (or hire some manufacturer to make it to your specs) and then put it into your bottle withh your label. That's how, for example, supermarkets and pharmacies put out "house brands" of popular products. They don't repackage another's product, but instead have their own product made. Just be careful that if the formula is itself patented, not to violate patent.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption