Looking for some legal clarification on why or how a company may sue for reselling of its goods?
2007-11-08 06:32:36 · 10 answers · asked by GreboGuru 2 in Politics & Government ➔ Law & Ethics
Well, people do it all the time on ebay.
If the company sold it to you with the provision that you would not resell it, then yes.
If the company sold it to you on a wholesale basis and did not collect any taxes, then you have a duty to collect taxes when you re-sell the item.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-08 06:41:25 · answer #1 · answered by scottclear 6 · 1⤊ 0⤋
Look up "first sale" doctrine on wiki - how did you come into these goods ? If you bought them at auction to resell - unless they are regulated by the government - IE medical devices, drugs etc. - not sure there would be much of a problem - just dont hold yourself out as an authroized dealer if you are not.
2007-11-11 05:35:11 · answer #2 · answered by thefatguythatpaysthebills 3 · 0⤊ 0⤋
I wouldnt think so but this may be a state issue. I know that I have been threatened to be cut off from suppliers if I lowered the costs below what they wanted them to be.
I know that in many states once you buy something tangible it is yours to do with as you please. You can modify it (unlock cell phones) and do anything to it.
If you have a contract with a supplier and use their images they may have the right to limit you from reselling it.
Licensing (like software) is a completely different story.
2007-11-08 06:49:12 · answer #3 · answered by eurokc98 1 · 0⤊ 0⤋
A company could sue if you misrepresented yourself as being an "authorized dealer" of their merchandise. But they can't, under US antitrust laws, prevent you from selling any item you have legally purchased.
Many companies jealously protect their distribution chain, and will threaten legal action against anyone who is not in it, hoping they'll cave in.
2007-11-08 06:43:11 · answer #4 · answered by Teekno 7 · 0⤊ 0⤋
You cant relabel them and resell them as your own. The warranty will not be valid and they have no control over what you may have done to alter them. They may have limited distributors for speciality items.
2007-11-08 07:05:41 · answer #5 · answered by Diane M 7 · 0⤊ 0⤋
If you are trying to pass on any licensing or warranties, yes. Simply saying "this is used or being resold, no warranties apply" can sometimes get you out of it.
Try something legitimate and get things wholesale. If you want to be a resaler, get a tax-free license from your state.
2007-11-08 06:41:31 · answer #6 · answered by Lacey 5 · 0⤊ 0⤋
yes, most if not all products are under copy-write laws. if you do not have permission from that company to sell or promote their product , you can be sue for millions. and its a federal and state offense that can add jail time and fines.
2007-11-08 06:40:49 · answer #7 · answered by marlenchia_71 2 · 0⤊ 0⤋
If the product is not copy righted and if the product has not been changed in any shape or form and still bears the manufatures name then it is not illegal
Otherwise...how would retailers be able to sell items?
2007-11-08 09:45:38 · answer #8 · answered by stormydays 5 · 0⤊ 0⤋
Yes if their original conditons are for the sale of a license to use as is always the case with software
2007-11-08 06:44:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
YES
2007-11-08 06:35:25 · answer #10 · answered by twiggy 2 · 0⤊ 0⤋