Can I sell a dead company's products?

[Adam VD]

I live in Colorado, and my friends' company died in 2000. They gave me the remaining of their unsold products saying, "Do what you want with theses." They've been sitting in my basement until now.
Can I sell theses products (at a low price) on websites like ebay or amazon? Is this legal or illegal?

Thanks!

- Adam

 

[quincy]

I live in Colorado, and my friends' company died in 2000. They gave me the remaining of their unsold products saying, "Do what you want with theses." They've been sitting in my basement until now.
Can I sell theses (at a low price) on websites like ebay or amazon? Is this legal or illegal?

Thanks!

- Adam

What sort of products are you talking about?

Depending on if any of the concerns listed below could apply to the products in question, it would be smart for you to get in writing and signed by your friend a statement saying that all rights to the remaining products are being turned over to you and that you are allowed to "do what you want" with them, prior to marketing them online or elsewhere.

Otherwise you could find your friend expecting all or some of the money you make in the sales - your friend disputing, in other words, what you say he said to you orally in regard to the products.

And this is assuming all sorts of things about the products from his company - one, that your friend held the right to sell the products to begin with and, two, that the products being sold are not illegal items (e.g., counterfeits, some licensed products) and, three, that the products comply with all safety regulations (e.g., that they were not recalled for dangerous defects) and, four, ... well, the list continues.

Very generally speaking, re-selling items that have been legally purchased or that are legally owned is allowed.

 

[Just Blue]

I live in Colorado, and my friends' company died in 2000. They gave me the remaining of their unsold products saying, "Do what you want with theses." They've been sitting in my basement until now.
Can I sell theses (at a low price) on websites like ebay or amazon? Is this legal or illegal?

Thanks!

- Adam

What is a "theses"?

 

[Adam VD]

What sort of products are you talking about?

Depending on if any of the concerns listed below could apply to the products in question, it would be smart for you to get in writing and signed by your friend a statement saying that all rights to the remaining products are being turned over to you and that you are allowed to "do what you want" with them, prior to marketing them online or elsewhere.

Otherwise you could find your friend expecting all or some of the money you make in the sales - your friend disputing, in other words, what you say he said to you orally in regard to the products.

And this is assuming all sorts of things about the products from his company - one, that your friend held the right to sell the products to begin with and, two, that the products being sold are not illegal items (e.g., counterfeits, some licensed products) and, three, that the products comply with all safety regulations (e.g., that they were not recalled for dangerous defects) and, four, ... well, the list continues.

Very generally speaking, re-selling items that have been legally purchased or that are legally owned is allowed.

The product in question are boxes filled with cards that have motivational words for kids. The friends did have the right to sell them in the first place, but gave up the company once they realized it wasn't going to sell well. What if I can't get a written notice from them simply because I can't reach them?

 

[Adam VD]

What is a "theses"?

Edited, thanks.

 

[quincy]

What is a "theses"?

"Theses" is the plural form of "thesis," although it appears that research papers are not the products Adam's friend was marketing (or trying to market).

Did your friend create the boxes of cards with motivational words, or were the boxes of cards created (and are they possibly still being marketed) by another company?

If I were you, I would try my hardest to contact your friend and get in writing his permission to sell the cards - this to eliminate potential problems with the friend in the future (especially if there is a chance that he owes another company a percentage of any proceeds made with the sale of the cards).

You can always review all facts with an attorney in your area of Colorado, to assess your rights and risks, if you cannot reach your friend.

Good luck.