I am private labeling a photography product to sell online. I see another company that has the exact same product but under their own name. Can I still private label and sell this exact same product even though its the exact same thing as a competitor’s?

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I am private labeling a photography product to sell online. I see another company that has the exact same product but under their own name. Can I still private label and sell this exact same product even though its the exact same thing as a competitor’s?

I am trying to private label a photography product for sale online. I will be importing it from a Chinese supplier, but I want to know if I can still do this because I found another company online that sells the exact same product but under their own private label brand.

Can I still sell under my own brand even though it’s the exact same product my competitor is selling under their own brand?

Asked on September 12, 2016 under Business Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Competition, even selling the exact same product, is allowed so long as:
1) You are not violating someone's copyright;
2) You are not infringing on another's trademark;
3) You are not in some way misrepresenting to the public that you are the other company or are in business with them (e.g. acting as their distributor or representative); 
4) You are not violating a contract *you* signed and are obligated to
So sell the same product under your own name, without using any trademarks or copyrighted material of theirs, and without suggesting a connection to them that does not exist--that is legal.


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