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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Hi. I have a question about reselling products purchased elsewhere.

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Hi. I have a question about reselling products purchased elsewhere. I run a company that makes useful tools for artists – brushes, canvases, etc... We're thinking of putting together a new product: a value scale of 9 grey "swatches" based on the Munsell color notation system.

I'd like to sell these scales on our website, but I have a concern: we derived the swatches from larger samples purchased from an existing manufacturer of Munsell color products. We cut the sheets down to 1.5" squares, put grommets on them and threaded them onto keyrings to keep them together – so we've altered their original state considerably.

Still, I have concerns about the legality of re-selling this material, even if it's in a new format. Would the current manufacturer/retailers have a legitimate legal claim against us selling this product because it's derived from their own? We're not infringing on any trademarks, as we intentionally don't use any brand names in association with the product, but nevertheless... Is there a problem here?

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Generally speaking, there is no prohibition on reselling legal products that were legally purchased.

BizIPEsq. :

This is called the "first-sale" doctrine. In a case where the products were not put by the manufacturer for sale (as samples for example) then generally speaking one would not be authorized to re-sell them

Customer:

OK, great. The product we're repackaging was purchased legally, so that answers my question. Thanks.

BizIPEsq. :

you're welcome

BizIPEsq. :

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