Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have set up an LLC partnership and we are distributing/selling

wholesale a hair product that...
I have set up an LLC partnership and we are distributing/selling wholesale a hair product that we purchase from the UK to hair salons so that they can sell to their clients. We also sell retail to individuals. We do not have any signed papers nor do we have any contract with the company that we purchase from. We simply order when we need to and that is it.

we want to know if we can legally sell this product as if it is our own. Can we develop a website and sell their product under our own name? Can we market this product under our own name legally? Or do we have to use their name since it is their product?

This hair product that comes from the UK has their own name, website, etc, but has no presence in the states as of yet. They do have a patent pending product.

Thank you for your advice on this!
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
5/2/2013
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,698
Experience: 16 yrs. of trial experience
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You mention "patent pending"...so have they applied to the US Patent and Trademark Office for protection?
Ask Your Own Legal Question
Customer reply replied 4 years ago

I am sorry but I do not know. Is there a way I can find out easily?


Customer reply replied 4 years ago

I do not know. How can I find out? I know it says on their website that they are registered in the UK. No mention of the states. But they may have applied here.

Sure

And sorry for the delay (computer crashed)

The US Patent and Trademark Office (link below)
http://www.uspto.gov/patents/process/search/

Can allow you to search...though I caution that the web search is not real great...most folks who want to perform a search will pay an attorney to perform the search. This is a more efficient way to search.

If the product is patented or has applied?

I would not sell it in the US as your own product. That opens you up to liability for a violation of US Patent law.

Now...say it is patented in UK only and they have not applied for US patent. Can you sell it here? Can you patent it yourself?

You still run a risk

First, it is unlikely you can patent it...if it is patented in the UK, you are not going to be able to rename it and patent it...the patent process is designed to protect folks who invent products. So your patent application would not likely be successful.

Can you rename it and sell it?

You could...but you are still running a risk. If they have patented this formula and it is registered in UK only, then technically they can only enforce the patent in UK. But if it is registered in UK then it is a fairly straightforward process to register in the US. So if you launched a sales campaign for this product and then they find out and file to patent in the US, you may find yourself unable to sell it going forward.

Consider a license.

You can negotiate a license with them to brand/market this product. You pay them a fee (whatever you negotiate) and that gives you the rights (for the period you negotiate) to sell this product as your own int he US. If they have no presence? That may be a good way to go about this. But get a lawyer...you want to negotiate this so that if it takes off? Your marketing efforts are successful? That you are protected to be able to sell this for the foreseeable future...you need that language in any contract you negotiate.


P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,698
Experience: 16 yrs. of trial experience
Verified
P. Simmons and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,698
35,698 Satisfied Customers
Experience: 16 yrs. of trial experience

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I'm canceling a contract with Home Depot .They said they
I'm canceling a contract with Home Depot .They said they will cancel,but will charge me $2,000 . for cost incurred by them. Can't see how ,because the contract was done last week. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
A company/individual enters into a contract with another
A company/individual enters into a contract with another company/individual in State A, both doing business/living in State A. One of the parties to the contract defaults on the contract and subsequen… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I have a question about a license contract dealing with
I have a question about a license contract dealing with Intellectual Property. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I am the purchaser of Ohio real estate in a contract, the
I am the purchaser of Ohio real estate in a contract, the seller sold to another buyer without my knowledge while we had the property under contract. It has transferred on Dec 20, 2017 what is our rec… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
Can a minor sign a contract for performing professionally as
Can a minor sign a contract for performing professionally as a singer? … read more
Lori
Lori
Juris Doctor
298 satisfied customers
If i was in contract with someone and didnt complete the
If i was in contract with someone and didnt complete the project on the contactual agreed date but yet finished it on the actual due date of when it really needed to be completed and the client accept… read more
Bill Attorney
Bill Attorney
law
1,605 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Is there a lawyer that can review a short contract for a
Is there a lawyer that can review a short contract for a loan and just give me an idea that there is nothing suspect in the contract.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
For contracts, such as ones for freelance writing platforms
For contracts, such as ones for freelance writing platforms or ones where an individual is an independent contractor, is a person always able to get out of them? There is always information on how the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
This is related to business contracts and what constitutes
This is related to business contracts and what constitutes assignment. Is a transfer of stock (60%) considered an assignment under NY State law? There is not change in the existing company or persons … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I am concerned about a contract. The first contract has been
I am concerned about a contract. The first contract has been completed with the work but I am still owed half of the previous contract amount. The new added change contract still needs to be paid half… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I have a question regarding contract law. The contract is
The contract is between a company in South Carolina and a company in Hawaii … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
I would like to know if a certain patent application has
I would like to know if a certain patent application has been approved or denied … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
If I signed a contract to with my school and on the contract
If I signed a contract to with my school and on the contract it states "The School no longer assesses students overtime or absent hour charges." and was initialed and signed by me and signed by the sc… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
If the term of a services contract ends, and the contracted
If the term of a services contract ends, and the contracted work continues for awhile afterward, but it is never fully completed, is the customer liable to pay the original contracted rate in full? Is… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I am a co-inventor on a patent application (50% owner) where
I am a co-inventor on a patent application (50% owner) where the other inventor who is a patent attorney has been telling me that he was paying the fees and keeping the non-provisional application ali… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x