Legal Question in Intellectual Property in Ohio

Buying IP Goods from the source

Hi,

If I purchased items direct from the manufacturing source or through a secondary market which came direct from the factory, am I allowed to resell the item?

For example. I go to China and find uniform patches for the Philadelphia Fire Department in a market. The patches are authentic, not countefeit, but they are discarded overruns of the original order placed.

Is it legal for me to buy these? Is it legal for me to have these? Can I legally sell these? Can I take these patches and put them on hats and sell the hats? Can the fire department or person who placed the original order for these patches keep me from selling them? Or should his claim be against the manufacturer?

Thank you.


Asked on 4/07/06, 11:24 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Buying IP Goods from the source

What is your contract with the Mfgr?

DO they have a contract with purchaser that binds them to restrict use or distribution?

If there is a design which is copyrighted by the buyer (not Mfgr) you could be sued for infringement.

Call or e-mail for further assistance.

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Answered on 4/07/06, 6:52 pm


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