Without it, you run the risk of getting embroiled in a trademark infringement lawsuit -- especially if your business does well and no longer flies under the radar. Notice of Allowance and Patent Protection, Patent Reviews and Requests for Continued Examination, but lost in the Ninth Circuit Court of Appeals, A Rejected Copyright Application Does Not Preclude Copyright Enforcement. A word to the wise, though – look for signs of sweat or unpleasant smells before you buy, since sporting goods might not be the easiest to clean. 3 Answers. A customer who buys that product from the reseller has the same warranty protections one would enjoy if one bought it straight from the manufacturer. Answer Save. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. Shawn is an Atlanta-based reseller who sells on eBay under the name CollectingObsessions. Etsy.com has published it’s own “intellectual property policy” for sellers which states that they “comply with intellectual property laws and industry best practices“. I understand that the data I am submitting will be used to provide me with the above-described products and/or services and communications in connection therewith. But under the first sale doctrine, the courts have long recognized the rights of the general public to resell even used video and music media that are covered by certain licensing restrictions. Yes, you have the right to resell just about anything that you buy. Try risk free for 60 days. For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. Then you can decide your goal profit margin when you find items to resell online. I am interested in starting a business where I customize a specific name brand shoe and sell the resulting design. “I specialize in vintage pop culture items. Bulk buying and selling on eBay. Electronics are fun this way though. Although certain items may be legal to sell in your country, they might be illegal elsewhere. Generally, it’s not illegal to resell an item that you have legitimately purchased. Utilizing these trademarks in the imagery of advertising conveys a sense of legitimacy, and thus it’s understandable why a rightsholder has the right to control when and how a reseller can use them. With your current business model (buying retail and then reselling), you’ll have two levels of sales tax. This is not an exhaustive list of top selling items on the internet or the best things to sell on eBay to make money. In other cases, this warranty is modified, restricted, or replaced in some manner. The answer to that is "No." This has probably been ask and answered.When you buy a copyrighted item say a decal from a company and they sell it to you willingly,How is it that you can’t sell that item on a mirror or board for a profit without infringement problems.I make Cornhole games using NFL decals and have gotten a … I am only licensed in California. Over the past few months, I've been involved in the development of a couple of new businesses selling products online: a toy retailer and a fashion accessory design/supply business. But, there have been controversies when it comes to media. Want a fast ticket to permanent suspension? You can’t hide behind your corporate entity if they arise. If you’re using manufacturers' logos to advertise the products you’re reselling, you need their permission. The same is true for using textbooks. We’ll feature a different book each week and share exclusive deals you won’t find anywhere else. Costco won the original suit, but lost in the Ninth Circuit Court of Appeals. You can buy and sell single bullets, ... For example, even though penicillin is legal to buy in the United States, only a doctor can prescribe it — which is why, when you get sick, you have to stand in that loooong line at the pharmacy sneezing on all the other sick people. As well as hacking together the websites for the businesses (using the wonderful Drupal) I've been responsible for legal compliance. This is not the case for unauthorized resellers. Another thing to keep in mind is that if you are buying discounted brand name products online, especially if you’re importing them from overseas, you may inadvertently purchase counterfeit products. With the experience fresh in memory, it seems like a good time And messing up on sales tax can involve penalties and interest being inflicted on you personally. Why do it? Is it legal for one shop to buy items from another shop and then sell them at their shop? First, you will have warranty issues. In 1998, Enesco, the manufacturers of the “Precious Moments” line of ceramic figurines won a lawsuit against wholesale seller Costco. More than 825,000+ items for sale in the UK. Once it's yours, it's yours, and you can do what you want with it! Price. The presumption is that the author has already been paid for his or her work. But if you’re operating as a business, you’re obviously going to need to market the items you sell. A prominent disclaimer might well help, but a fine print disclaimer alone may not be enough if the … People are divided over whether or not it is ethical to buy things in a charity shop to resell online. A legal raffle is generally run with some kind of time constraints. To find items for sale in large quantities, search for terms like "bulk", "job lot", or "wholesale". This falls under the Lanham Act, which prohibits the unauthorized sale of products bearing a registered trademark when they are ‘materially different.’ That is, if a consumer would consider the difference between the original and resold product to be significant, then the unauthorized sale of the inferior product degrades the esteem in which the trademark holder’s products are sold. My attorney was helpful and energetic. We live in an age where anyone can set up a web store through Amazon or eBay, or even create their own e-commerce website. Often, people just don’t want to bother selling something so they just give it away. I also give many, many items back to the shops when they haven’t sold. Report Abuse. They bolstered their argument by pointing out that Costco violated the Lanham Act because they did not disclose to consumers that the figurines were not sold in their original packaging. But people who engage in repackaging for a living almost always do so with permission of the manufacturer. If you’re determined to move forward, be sure to get sound professional advice so that you’re protected. That’s the gist of a U.S. District Court ruling in New York last week, that found it’s not legal to resell songs purchased on iTunes. Looking forward to the process. “Retail arbitrage” is when you purchase items from a retail store — like hitting a big sale at Walmart — and sell it to your own customers for more. Keywords. Filter your results. But as shown by the Redbox example, the legality of resale becomes murkier when someone resells products as a business. They didn't sell any food then, but they do now. Clear filters Show results. Once you buy it, you’re stuck with it forever. For many things, it is not illegal to do this. Because Universal Music did not clearly distinguish these differences, they were found guilty of infringement, and barred from importing the Japanese guitars. After doing some research on Reddit threads and general snooping around on eBay, I have come up with 20 of the best things to buy and sell for profit. If you sell a product as new, but it has a different warranty than the same product purchased directly from the manufacturer, it could be considered as selling a product that is different than the original. Search Filters Sort by Post an ad. For instance, they fail to collect sales tax in all required instances, or don’t even begin to research who they should be collecting sales tax from. Subsequently, they had to include labeling on their packaging indicating that the figurines were not sold in the original manufacturer’s packaging. You might be able to pick up something at a good price outside its peak selling season, or buy items in bulk and sell them on individually. And if you’re looking for Viagra auctions on eBay, don’t even go there. There are just a few things to keep in mind to make sure your reselling practices are completely legal and above-board: Be honest about the fact it's second-hand, and list any damage or faults with the item My Account; Help; Post your ad Post a new ad. This is a practice known as ‘retail arbitrage’—buying low and selling high. List Gallery. The guitars looked almost identical to corresponding American models, but had some structural differences, and had different warranty and service contracts. Resellers often make a variety of other mistakes that get them into serious trouble. It's totally legal to resell items you've bought on the high street. Category. Believe or not, you can find many things to flip. In summary, the most common infringement causes for creators include any “fan art” based on copyrighted character (e.g., Harry Potter) or trademarked logos (e.g., Nike’s check ma… But the more successful you are, the more likely you’ll be caught. Thus, even though resold products are genuine, a reseller may be guilty of trademark infringement, because they have failed to secure the licensing necessary to pass the product’s original full warranty on to a consumer. Craigslist – Check out the free section. I have to say having looked for consoles in bulk it does seem like some kind of secret thing, you simply can't just phone up and buy 50k's worth. Could a Journal Be The Next Productivity Game-Changer? I'm not sure if this applies to supermarket food items, but here's some info you might find useful. I really enjoyed my consult. Search. Select location. A few years ago I worked for a national retailer. I am paying the price that the charity shop has asked for, and I am bringing them a lot of business. Relevance. Wholesalers are mostly ‘trade only' for the benefits accrued from their manufacturers, for tax purposes and, of course, to set them apart from high street stores. For example, customizing a converse shoe and selling it on a site like bigcartel. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. Another one of the desirable features of being an authorized reseller is that a product’s full warranty is preserved when it is transferred from manufacturer to reseller. Michael conducted himself in a highly professional manner and at the same time was very personable and completely explained everything! Ads with pics. The key to making money as a reseller is preparation, according to Shawn Taylor, who’s been buying and selling items for 25 years. In these cases, the businesses contract with the rightsholders to sell ‘genuine’ goods. Get heaping discounts to books you love delivered straight to your inbox. Is it against the law to buy a product, repackage it with my company’s brand/product name and then sell it online and/or in stores? See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. But in the late ‘90s, Costco began purchasing figurines, removing them from their bulky protective cardboard packaging, and repackaged them in clear blister-pack cartons. Amplify your business knowledge and reach your full entrepreneurial potential with Entrepreneur Insider’s exclusive benefits. You could look into getting a reseller’s permit, but to get a reseller’s license you first have to enroll with your state tax department, which involves getting a sales tax ID number. Those photos now belong to you and are now considered your “intellectual property”.Intellectual propertyis the … The list of prohibited and restricted items below covers items you can list under certain conditions, and items that we don't allow at all. In short, you have some thorny legal and accounting issues here. As an authorized retailer, the seller can advertise in print and online using Nike’s many trademarks, such as the ‘swoosh’ logo, ‘Jumpman’ silhouette of Michael Jordan, and catchphrase “Just Do It.”. Plus, enjoy a FREE 1-year. Records and Record Players. You can buy bulk and resell individually, in the example of the coke cans there are literally hundreds if not thousands of sporting clubs and associations across the country who conduct this activity for their own fund raising purposes. These are some of the easiest items to sell. As a general rule of thumb, there should be a limited number of tickets available in a legal raffle. That's what most businesses do, buy and resell stuff. It is this doctrine that allows you to buy a record album and, after you're done listening to it and presuming you haven't made a copy of it, to sell that album at a used record store. Listens well and had all the points needed for a client ready and made it easy to understand. Home; Buy and Sell UK. This is why we strongly advise that anyone operating as an online reseller, especially those with a significant volume of sales, should obtain the services of a trademark lawyer, such as ourselves. Is it legal as in does it break any US/State/Local laws to sell that item as “new”? Unsurprisingly, it has become increasingly common for entrepreneurs to scrounge brick-and-mortar retailers for products on sale or clearance, and flip them online through an online shop. But, there have been controversies when it comes to media. For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. Menu Post an ad Vivastreet. Where you have to be careful though is altering your customers that they technically aren't buying new items. The fact that Costco merely had to adjust their packaging may seem minor, but the case was immensely costly—far more than any typical reseller could bear. Once you have purchased something at retail it is yours to do with as you choose. Awesome! Suite J-119 Davis, CA 95618. 50 Ideas For Products To Import To Sell In The UK; Tips for finding a good product to sell: Items you should be careful with: A business that imports is a great business model. Aside from the free section, you can buy items and resell them. If you want to start importing items from overseas to sell in the UK but you aren't sure which products to import, this list is for you! You can refer to trademarked names while titling and describing your products—you don’t have to omit every reference to ‘Nike’ or ‘Air Force 1.’ But when you start using trademarked names and logos as elements of your storefront design and marketing efforts, you’re crossing the line into trademark infringement. Enesco sued Costco, alleging that the new packaging was inadequate and could result in damage to both products and Enesco’s reputation. As a noun resale is the action of selling something previously bought, usually at a higher price for profit. As a consequence, you can end up fighting a multi-front battle in which you are being sued for both counterfeiting and using protected trademarks to sell the counterfeit products. Filters. Best Items to Resell for Profit. This field is for validation purposes and should be left unchanged. Thorough, informative, respectful, on time, professional. Once you have purchased something at retail it is yours to do with as you choose. Third, there are sales tax issues. Yes, it's legal. Legally, you may sell any item you wish as long as you obtained it legally and the item(s) are not counterfeit. But under the first sale doctrine, the courts have long recognized the … Hi everyone, I'm a newbie here and trying to gather some info about setting up a business on eBay. Alert. Even if you’re running a strictly online business, your website may use logos and other borrowed imagery to create a more upscale experience and help customers quickly identify the brands of products they wish to buy. Manufacturers tend to have little or no control over a product past the first customer they sell to. Second, there are trademark issues. UK raffle rules and regulations state that there must always be a guaranteed jackpot winner. When you buy low and sell high, that’s called arbitrage. Is it legal for me to do so if I am not claiming the brand as my own? But the more important issue for us and you is can you sell that item on Amazon as new? There are so many more things to sell for money! Generally, it’s not illegal to resell an item that you have legitimately purchased. If you run this business not as an official reseller but as an "under the table" reseller without an arrangement with the manufacturer, you risk invalidating the warranties that they provide to the first consumer, but not to the customers to whom you’ve resold the goods. For instance, a discount store might contract with Nike to buy surplus and discontinued shoes at a steep discount and sell them in their stores. Where to buy items to resell for profit. My view is that it is OK to do. For just $5 per month, get access to premium content, webinars, an ad-free experience, and more! It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. Where things get complicated is where you start doing more than simply stocking goods, and that is where contacting a lawyer is a good idea. Professionals like Michael who display such high levels of customer service is what will keep your clients happy!! Copyright © 2021 Entrepreneur Media, Inc. All rights reserved. At a high level, when dealing with physical goods, the process of simply stocking goods for resale has been totally legal for many years. You are 100% allowed to take your own photos of your items and list them online. Unless something is broken, defective, or missing, they will package it up nice and neat, and put it back on the shelf. 1 decade ago . And in light of South Dakota v. Wayfair, which will significantly increase the obligation that online sellers have to collect and remit sales tax, it’s all-too-easy to end up owing back taxes and immense penalties. You can research how much they usually sell for as single items to see whether they're a worthwhile investment. 4 Simple Ways Your Ecommerce Brand Can Better Serve Customers In 2021, The Changes That Will Forever Transform How Entrepreneurs Operate in 2021. But an unauthorized reseller—or an authorized seller who cancels or breaches the license—uses protected trademarks, they are in fact infringing on the manufacturer’s intellectual property. Most people can't even tell. How to Buy and Resell Items to Make Quick Cash. However, a similar question which OP might be interested in is this: "if I buy something on ebay, can I assume listing it will not violate any ebay rules?" We can help you determine whether it’s a wise to obtain a license as authorized seller, avoid potential trademark infringement as an unauthorized reseller, identify any necessary disclosures you should make about your products, and even assist you with obtaining intellectual property insurance if there’s a strong chance that a manufacturer will come after you. As a verb resell is to sell again. Lottery rules usually allow you to choose your own numbers. Even if it is “legal”, Amazon can say they don’t want you selling it on their site. Yes, you should be able to resell items purchased, provided you do so without any deception. Don't do anything that would falsely imply you're an official licensee if you aren't, that you are selling direct from the manufacturer when you aren't, that your items are brand new if they are seconds or second hand. I am not your attorney until retained by a written retainer agreement signed by both of us. MsLouMaria. Yes but you have to be careful about using any of the original shops intellectual property when selling it on. “Online arbitrage” is the same thing, except instead of going to a store, you source inventory off the internet. Create your business plan in half the time with twice the impact using Entrepreneur's BIZ PLANNING PLUS powered by LivePlan. However, if you are planning to do this as a business, a couple of issues arise. 9 March 2018 | By Shippo. Enesco took great pains to control the distribution and sale of their figurines for purposes of quality control and marketing. By their very nature, almost all wholesalers will state they are for ‘trade only', but if you plan to buy stock and sell it on, you are technically a trader – you don't need to have a limited company behind you to be eligible. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. These are also great items to sell as lots, since a mom with a hockey-playing kid might be looking for all of the gear at once. Favourite answer. If you’re a small-time operation, you may fly under the radar. In reselling a product without a license from the manufacturer, you may invalidate a manufacturer’s original warranty which covers the original consumer who buys it, but not subsequent buyers. 1,147 results in Buy and Sell UK. This means that you may not have the right to use the original shops descriptions or images for … 7. As a reseller, you maximize the value of your product by marketing it as new and identical to the same products sold by major retailers. What I mean by “obtained legally” is, you didn’t buy it out of someone’s trunk at 2 am, you legally purchased it from a store, reseller, or it was a gifted item. If you’re not sure what a copyright or trademark is, please read our blog posts about the two topics, as well as theimportance of protecting your intellectual property. Report Abuse. Yes, it happens all the time. You bought it; you own it. I would like to buy a bulk of products from a company, repackage the product using a different container with my company’s brand and product name, and then resell it on my company’s website as well as in stores. Now that you have legal items to sell, let’s get listin’. Back in the 1990s, guitar manufacturer Fender sued Unlimited Music Center for importing and selling Fender guitars made for the Japanese market. Bulk wine and liquor manufacturers sell their bulk product for placement in store brands bottles and numerous other bottles. There are many businesses that are authorized resellers of products. Lv 5. Come to Vivastreet UK today! Once the rightsholder has made that ‘first sale’ to the consumer, its control over the physical item ends, and the consumer can do as one wishes (as long as they don’t make copies). 417 Mace Blvd. From cheap things to buy and sell for a profit to expensive and rare items to resell. The biggest feature of having a licensing agreement is that it allows a reseller to use the rightsholder’s trademarks to advertise the goods. You’ll need to pay to obtain the goods, and your purchaser will need to pay when you sell the goods. Thank you in advance for your help. Margin when you find items to see whether they 're a worthwhile investment of downloadable movie codes a almost! Same thing, except instead of going to need to pay to obtain goods... Thing, except instead of going to a store, you ’ ll have levels... Break any US/State/Local laws to sell, let ’ s not illegal to do so permission! 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