Legal Question in Business Law in New York

Can one buy merchandise, and advertise it for resale at a higher price?

I am opening a business, wherein I take orders for home decor products, ( window treatments, bedding, art, etc.), to be custom made to the clients fabric, color, and style choices. The client then will purchase a ''room in a box'', all items to decorate a room sold together. I hand sew all the merchandise, however in some cases, I've found that if I buy sale merchandise from a different store, (for example I purchase a comforter, instead of make it) it's cheaper, so can I include these items in my packages, or would that be some kind of infringement on somebody elses rights?


Asked on 12/19/04, 4:58 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Can one buy merchandise, and advertise it for resale at a higher price?

I concur with Bill. I suggest you indicate in your advertisement that some materials included in your "package" may include components obtained from other sources, not uniquely created or supplied by you.

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Answered on 12/20/04, 11:45 am
William Frenkel Frenkel Sukhman LLP

Re: Can one buy merchandise, and advertise it for resale at a higher price?

Generally, reselling original (not counterfeit or grey market) items made by a different manufacturer and purchased through normal retail or wholesale channels in the U.S. does not result in an infringement of any intellectual or industrial property rights held by that manufacturer, provided that you do not misappropriate or misrepresent trademarks, etc. At a minimum, you would need to make sure that your advertisements and any other promotional and marketing materials mention the ownership of trademarks properly and otherwise do not violate the manufacturer's rights in the IP.

This reply is in the nature of general information, is not legal advice and should not be relied upon as such.

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Answered on 12/19/04, 6:42 pm


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