If I buy a product from an outlet store for their sale price, can I in turn take that product overseas and sell it there legally?

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If I buy a product from an outlet store for their sale price, can I in turn take that product overseas and sell it there legally?

Asked on October 15, 2012 under General Practice, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may do this: as a general matter, any person may resell any item he or she buys, whether at full or discounted price, unless--

1) When buying the item, the terms of sale specifically said "not for resell"--if so, then by buying the item, the person contractually obligated him/herself to not resell. This is rare, and mainly occurs when buying certain items in bulk from industry supply stores (e.g. if a restaurant buys ketchup in bulk, it's often marked "not for resell" or "not for retail").

2) When reselling the item, you claim some connection to the original manufacturer or seller that does not exist (for example, that you are a licensed or official reseller)--doing so is unfair competition and trademark violation.

Other than the above, though, you should be able to do this.


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