I am looking to start a nappy cake business maybe a website or market stall. I would like to use brand named nappy, receiving blankets, and baby items in my cakes. I would purchase these items from an authorized retailer and then use them to construct a "cake" and resell it. Do i need to have a sellers license to sell on a market stall? My question is: do I need to obtain permission from the companies that produce the nappies and other items to use their products in the nappy cakes or does first sale doctorine apply?(do we have this law in australia?) (Note: Most nappy cake retailers online use brand named nappies and baby items, but I am unsure if this is because it is legal due to first sale doctorine, they have permission or if they just haven't been sued yet) Also Do i need to have a sellers license to sell on a market stall?
Hello and thank you for your question.
Provided you are not passing off the products used in the nappy cake as your own you should have no problems.
I would recommend you include a list of the products used in your nappy cake so their can be no suggestion you are claiming these products as your own.
I trust the above assists your understanding.
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Dip Law LPAB - Sydney based lawyer
could you please respond to the other part of the question do i need a sellers license permit for a market stall. Also is this a legal document could i always refer to this if someone questions this?
There is no general principle of law that requires a market stall operator to have a sellers license, however, if you are buying products wholesale, then the terms of your contract may restrict how or where you on sell your products. This means you will have to review your contracts for each supplied products. Even when purchasing retail products there are sometimes terms and conditions attached to the products (such as you might find included with warranty documentation, or with software.
You will also have to comply with any contractual obligations in relation to your use of a market stall. Generally the market operators have standard contracts which apply to all stall holders.
The only other general requirement is the registration of a business name unless you are trading under your own name. This can be done through the Fair Trading Office.
Of course there may be other license requirements in relation to certain types of businesses (e.g. certain food manufacturers require special licenses) but none should generally be required for the sale of pre-packaged baby products, such as nappies, or canned baby food. If you have any doubts, you can get assistance from Fair Trading which has a database of licenses and can assist you in assessing what if any your business might need.
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