Legal Question in Intellectual Property in Florida

HI:

I want to sell a product on a website, the think is that we call the company and they told that they are not wholesaler, but on china they are selling us the product , can we sell it on the website without the company selling it to us.

another question what happend if we sell it without the company permisson?


Asked on 10/09/09, 4:51 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It seems to me that this is an issue of selling diverted merchandise, that is, merchandise sold outside of channels authorized by the manufacturer. It is a complicated issue without clear answers. In a free market, you can buy genuine merchandise and re-sell it at will. However, some manufacturers have teams of investigators and lawyers whose sole job is to combat diversion. They attempt to cut off the source of the diverted merchandise, and they find any and all ways possible to legally stop the diverted merchandise from being sold.

These manufacturers invest millions of dollars in these 'anti-diversion' programs and millions more in lawsuits. They have yet to win such a lawsuit, to my knowledge, but they are willing to put unauthorized resellers (diverters) out of busines trying. If you don't make sure you are completely on the up-and-up, they will find any possible legal cause of action against you, and you will go bankrupt just trying to defend. That's their object.

So, proceed at your own peril.

Read more
Answered on 10/09/09, 7:01 pm


Related Questions & Answers

More Intellectual Property questions and answers in Florida