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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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HelloWe sell brand name luggage online. We buy it and

Customer Question

Hello
We sell brand name luggage online. We buy it and resell it. We have caused a bit of an uproar as a couple of retailers have complained to the manufacturers because we are selling our brand at lower price
A few of the manufacturers have contacted me via email or phone. Telling me that I cannot resell there products. I have been googling and reading that it could be a scare tactic. One manufacture was ok about it he said well if you are reselling it there is nothing we can do about it just take our logos down on your home page. Can I resell their products? My supplier is an authorised stockist he said take a few deep breaaths youll be fine just tread lightly. Not sure what to do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.If you do not have a licence to seek then you cannot. Most retailers have licenses and exclusive rights. You need to check with each manufacturer because they have agreements in place with the retailers here. If they have no agreements then you can sell if they do have agreements then they can stop you.I hope this makes sense and is of assistance. If there is nothing further hank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.

What about the first Sale doctraine?

So once I purchase a product I cannot resell?

How come one manufacturer said we cant do anything if your reselling just remove our logo?

Expert:  Leon replied 1 year ago.
Good Morning,If the manufacturer has exclusive agreements with the retailers then they can stop you.The retailers would enforce the agreement and the manufacturers would then get an injunction to stop you. If you contact the manufacturers and they have no objection as there are no such agreement you can onsell to your hearts content and noone can do anything.The manufacturer that has said you can sell does not have any agreements but they do not want you using their logo on your website. They have a right to make that request. But the other manufacturers many not be the same.
Expert:  Leon replied 1 year ago.
Good Evening,
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning,
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon

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