Intellectual Property Law

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Hi. I have a question about reselling products purchased elsewhere.

I run a company that...
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?
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6/3/2013
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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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. :

please rate my answer

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without your're rating I do not get compensated

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try again

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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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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