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Can I Resell Used Items in New Packaging

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Rob2

Junior Member
WA state.

I am interested in reselling used items, things you would find at Goodwill or other thrift stores. Simple enough, right?

The only difference is I want to put this merchandise in new packaging. In essence I want to resell used merchandise and promote my companie's name on the box. I'm not trying to claim any rights to the product being sold and I'm planning on having the box state that the content inside is used merchandise being resold. I'm not trying to hide anything.

Goodwill sells used merchandise but it doesn't put all of their stuff in packaging that says Goodwill. If anything they put a price tag on the item and that's it.
So what I invision is a little different.

My question is:
would the original company attempt to stop me for reselling their item like this, and do they have any right to.

Just to clarify - I am NOT trying to pass used items as new product.
This is more about a different way of promoting and displaying second hand merchandise, that's it.
 


sandyclaus

Senior Member
WA state.

I am interested in reselling used items, things you would find at Goodwill or other thrift stores. Simple enough, right?

The only difference is I want to put this merchandise in new packaging. In essence I want to resell used merchandise and promote my companie's name on the box. I'm not trying to claim any rights to the product being sold and I'm planning on having the box state that the content inside is used merchandise being resold. I'm not trying to hide anything.

Goodwill sells used merchandise but it doesn't put all of their stuff in packaging that says Goodwill. If anything they put a price tag on the item and that's it.
So what I invision is a little different.

My question is:
would the original company attempt to stop me for reselling their item like this, and do they have any right to.

Just to clarify - I am NOT trying to pass used items as new product.
This is more about a different way of promoting and displaying second hand merchandise, that's it.
I suppose it would depend on the particular product being re-sold as to whether or not the original company might attempt to stop you. Especially if the item is trademarked or a high-quality product being re-sold in a NEW package with YOUR company's name on it, they may well take offense and start efforts to make you cease and desist.

Which begs the question - if you don't intend to pass the items off as new, then why would you need to re-package them in NEW packaging? If it's only to put YOUR name on the product, then you would instead be passing them off as if they were YOUR products to begin with, and that would most definitely be a no-no.

The difference between YOU and Goodwill or Salvation Army is that they don't make any attempt to hide the fact that the item is used. They don't re-package it and they don't re-label it with their own brand name. You ARE. That's what makes it wrong and potentially opens you up to legal action from the manufacturer of those products, whatever they may be.
 

quincy

Senior Member
I agree with everything sandyclaus wrote and will add the following link to a similar question asked and answered on this forum a few years ago (2005). The law has not changed since the question was posed.

https://forum.freeadvice.com/copyrights-trademarks-39/resell-product-trademark-infringement-214344.html

The question posted in the link above was answered by divgradcurl, who is an intellectual property attorney and who used to post on FA with some frequency.

The problem with your plan would not be in reselling old items and then packaging them in your own labeled boxes after the sale, but rather in how you present them for sale in the first place.

When starting any new business, it is always a good idea to sit down with an attorney and review your plans and work out any kinks (including potential legal kinks) prior to start-up. Good luck. :)
 
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Rob2

Junior Member
I want to start a company who's intent is to reclaim and salvage merchandise going to the dump. These are products and items that no one wants anymore. They have been around at thrift stores and have not sold on their shelves. These items have no where else to go but be thrown out. This is what I want to resell.

To try and resell them the same way would most likely prove pointless since they did not sell already through other mediums, including the thrift store.
I am looking at reinventing and presenting the same item in a different way.

The packaging would do a couple of things.
  • Identify the item as being used and waste.
  • Recognize that by reusing waste we are preventing natural resources from being destroyed (another one of these items now doesn't have to be created).
  • Promote our company name and website, and our mission.

Our big goal is to find garbage that still has use out of it, and bring it back to the marketplace.
In the big picture packaging is a key part to this idea.

Thanks for the link by the way but I didn't find the information relavent.
 

quincy

Senior Member
I want to start a company who's intent is to reclaim and salvage merchandise going to the dump. These are products and items that no one wants anymore. They have been around at thrift stores and have not sold on their shelves. These items have no where else to go but be thrown out. This is what I want to resell.

To try and resell them the same way would most likely prove pointless since they did not sell already through other mediums, including the thrift store.
I am looking at reinventing and presenting the same item in a different way.

The packaging would do a couple of things.
  • Identify the item as being used and waste.
  • Recognize that by reusing waste we are preventing natural resources from being destroyed (another one of these items now doesn't have to be created).
  • Promote our company name and website, and our mission.

Our big goal is to find garbage that still has use out of it, and bring it back to the marketplace.
In the big picture packaging is a key part to this idea.

Thanks for the link by the way but I didn't find the information relavent.
You didn't find the link relevant? Hmmm. I thought it was.

What you want to do (recycling used and/or abused items) is admirable. You cannot, however, repackage anything that is rights-protected and market it as your own product, regardless of the age or condition of the product that has been reclaimed or salvaged and recycled (if the items you are recycling are still rights-protected). That would be infringing on the trademark or copyright holder's rights and, as sandyclaus noted, could lead to legal problems.

You CAN resell used copyrighted or trademarked items that you find (cleaned up a bit or in the same ratty condition you found them in), as long as you sell them as used and use trademarks in a descriptive way only. THEN, once sold, you could package these salvaged items in your nicely labeled bags or boxes.

OR you could create entirely NEW items from these battered old items (for example, making rag rugs from strips of cloth taken from ragged used Calvin Klein clothes or making door mats out of old Goodyear tires), finding a new function for items that would otherwise be tossed away. THESE items you could market as your own product, as long as you don't use the trademarks in any way to market and sell the items (ie, Calvin Klein rag rug).

OR you could always just market your packaging, if that is what you say is key. :)

Because I am having a hard time visualizing what you want to do exactly that is different than a Salvation Army with pretty labeled boxes, I suggest you go over your business plans with a business law professional in your area. This is smart to do with any new business anyway.

Again, I wish you good luck with your business.
 
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Rob2

Junior Member
Okey maybe irrelevant is a strong word. It is relavent, but it seems like the poster had a different intent then I do.

Thanks for the great info!
 

quincy

Senior Member
You're welcome, Rob2.

And thank you for working to protect and preserve Earth's resources. :)

Good luck with your business.
 

KeyWestDan

Junior Member
Manufacturer has no standing.

First, the manufacturer of any product has no legal standing to do anything. There is a rule for that, first sale doctrine, or something like that I can't remember in detail right now. Not talking about software licenses or something like that.

Not sure what your business plan is, and it doesn't really matter.

As long as you don't advertise used stuff as new or commit some other fraud or misrepresentation, I don't see any intellectual property problems. Of course, you should run your business plan by a qualified attorney. That though does NOT mean you wouldn't be sued.

Here is something to know about that, which few lawyers will tell you or board posters have any experience with.

Legal advice talking to a lawyer is good guidance but will NOT help you at all in a court of law, other than perhaps for some intent element or punitive damages.

What you need to get is a written and signed legal opinion from an attorney. He will do extensive research and it will cost thousands of dollars. They usually include various exceptions of course, so if you get sued, you will not be able to sue the attorney for malpractice.

I could see selling remanufactured products or repaired products. I don't see any money in that, but not my field. People sold pet rocks and made money. You could create your own user manuals, etc.

My business in small part buys products overseas (which have no trademarks to speak of) and we test them, put our own trademark on them, re-write the horribly written manuals and reprint them, provide our own packaging, product warranty, customer support, etc. and sell it as our product. Totally legal. Many US manufacturers/sellers do exactly that.

You actually think there is a Kenmore factory somewhere turning out all those different products. Do you think a grocery store brand on food products means the grocery store has its own factories turning out all that stuff? Of course not, it is all private labeling of products made by other companies.

One thing you would have to stay on top of are product recalls. If you sell something that has a product recall and someone is injured, you can be sure you will be sued into the ground.
 

quincy

Senior Member
First, the manufacturer of any product has no legal standing to do anything. There is a rule for that, first sale doctrine, or something like that I can't remember in detail right now. . . . Not sure what your business plan is, and it doesn't really matter. . . Legal advice talking to a lawyer is good guidance but will NOT help you at all in a court of law, other than perhaps for some intent element or punitive damages. . . People sold pet rocks and made money. You could create your own user manuals, etc. . . . My business in small part buys products overseas (which have no trademarks to speak of) and we test them, put our own trademark on them, re-write the horribly written manuals and reprint them, provide our own packaging, product warranty, customer support, etc. and sell it as our product. . . .One thing you would have to stay on top of are product recalls. If you sell something that has a product recall and someone is injured, you can be sure you will be sued into the ground.
There is much that KeyWestDan has written that is just plain wrong and does not appear to be based on any knowledge of trademark law. His own business, as described, could be breaking laws.

It is best to consult with an attorney in your own area for a review of the facts.
 
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