Reselling Brand Items

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Reselling Brand Items

Hello, quick question. If I buy brand name products from a liquidator, can I
resell those items on my website legally? ex Aveeno, AXE, Colgate..ect..

I am planning on purchasing 5k worth of general merchandise from a liquidator
and I do not want to post them online and then receive a letter from their lawyer
stating I cannot resell them.

Thank you

Asked on November 3, 2016 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can legally sell them on your website as long as:
1) You don't suggest a relationship between you and the manufacturer/distribributor that doesn't exist (e.g. that you are  an approved or official agent or distributor); 
2) You don't put your name on their product or otherwise alter the label or confuse the matter as to the original source;
3) You don't use their trademarks to market it without their permission; 
4) And you are not violating any sales or purchase agreement which you signed or entered into which prohibits you from doing this.


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