Can a company stop me from selling their product?

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Can a company stop me from selling their product?

I bought 30 sets of markers from a garage sale. They are made by a MLM

Asked on April 1, 2017 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You cannot use their trademarks, even just by photographing them (if the trademarks are visibible in the photo) to advertise or sell them--only the trademark holder can use its trademark.
And if the packaging contained any language on it "not for resale," then you bought them subject to that condition and may not resell them--you essentially bought under subject to an agreement or contract to not resell. 
However, if you are in no way using or showing any trademarks, and there was no resale restriction, then you should be able to do this.


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