Is it legal if I purchase a branded product and resell it on-line for a specific use?

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Is it legal if I purchase a branded product and resell it on-line for a specific use?

I openly advertise that it is a X product (though I don’t specifically state which model). The only alterations which I make to the product are taking out some of the foam on the interior to better tailor to the specific use. The foam is specifically designed to be altered in the first place. It this legal or am I tip-toeing a dangerous line?

Asked on October 5, 2011 under Business Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. The answer to the question that you present is how much alteration to the product are you making to it? Are you representing to the public at large that you are an authorized dealer for the product? Are you representing to the public at large that the product is brand new or used?

I realize that you are selling the product online. If you are reselling it through Ebay or Craigslist, what you are doing is probably allowable. However, if you have your own separate website to sell the product as a brand new product and presumably as an authorized representative for the manufacturer of the product, you are crossing the line from a legal standpoint. If so, I would not sell the product through your own special website.

Good luck.


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