Legal Question in Intellectual Property in New York

Is it against the law to purchase a household product, such as a chemical cleanser, and re-sell it under your own brand? If not, could you change the product by a certain degree to make it a unique product, or does that still violate the rights held by the original distributor?

Asked on 9/25/11, 7:48 pm

2 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

In general, that's OK.. The questions to consider would be ...patent rights, trademark rights, and compliance with environmental laws. If the product is patented, its sale in the US by patentee's distributor would exhaust the rights of the patent owner to prevent resale. If product is identified by trademark, removal of the trademark would not generally violate rights. If product needs to be registered with EPA or state agency, be sure to comply with pertinent regulations.

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Answered on 9/25/11, 10:01 pm

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