My Account; Help; Post your ad Post a new ad. Is it legal for me to do so if I am not claiming the brand as my own? “I specialize in vintage pop culture items. UK raffle rules and regulations state that there must always be a guaranteed jackpot winner. Try risk free for 60 days. Another thing to keep in mind is that if you are buying discounted brand name products online, especially if you’re importing them from overseas, you may inadvertently purchase counterfeit products. But an unauthorized reseller—or an authorized seller who cancels or breaches the license—uses protected trademarks, they are in fact infringing on the manufacturer’s intellectual property. This has probably been ask and answered.When you buy a copyrighted item say a decal from a company and they sell it to you willingly,How is it that you can’t sell that item on a mirror or board for a profit without infringement problems.I make Cornhole games using NFL decals and have gotten a … Listens well and had all the points needed for a client ready and made it easy to understand. If you’re not sure what a copyright or trademark is, please read our blog posts about the two topics, as well as theimportance of protecting your intellectual property. Awesome! Copyright © 2021 Entrepreneur Media, Inc. All rights reserved. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. Generally, it’s not illegal to resell an item that you have legitimately purchased. This falls under the Lanham Act, which prohibits the unauthorized sale of products bearing a registered trademark when they are ‘materially different.’ That is, if a consumer would consider the difference between the original and resold product to be significant, then the unauthorized sale of the inferior product degrades the esteem in which the trademark holder’s products are sold. Thus, even though resold products are genuine, a reseller may be guilty of trademark infringement, because they have failed to secure the licensing necessary to pass the product’s original full warranty on to a consumer. “Retail arbitrage” is when you purchase items from a retail store — like hitting a big sale at Walmart — and sell it to your own customers for more. Enesco took great pains to control the distribution and sale of their figurines for purposes of quality control and marketing. People are divided over whether or not it is ethical to buy things in a charity shop to resell online. Manufacturers tend to have little or no control over a product past the first customer they sell to. These are some of the easiest items to sell. Once you have purchased something at retail it is yours to do with as you choose. Is it legal as in does it break any US/State/Local laws to sell that item as “new”? You can buy and sell single bullets, ... For example, even though penicillin is legal to buy in the United States, only a doctor can prescribe it — which is why, when you get sick, you have to stand in that loooong line at the pharmacy sneezing on all the other sick people. Relevance. We’ll feature a different book each week and share exclusive deals you won’t find anywhere else. If you want to start importing items from overseas to sell in the UK but you aren't sure which products to import, this list is for you! There are so many more things to sell for money! Ads with pics. You can’t hide behind your corporate entity if they arise. 417 Mace Blvd. 50 Ideas For Products To Import To Sell In The UK; Tips for finding a good product to sell: Items you should be careful with: A business that imports is a great business model. Create your business plan in half the time with twice the impact using Entrepreneur's BIZ PLANNING PLUS powered by LivePlan. Thank you in advance for your help. How to Buy and Resell Items to Make Quick Cash. You can refer to trademarked names while titling and describing your products—you don’t have to omit every reference to ‘Nike’ or ‘Air Force 1.’ But when you start using trademarked names and logos as elements of your storefront design and marketing efforts, you’re crossing the line into trademark infringement. We live in an age where anyone can set up a web store through Amazon or eBay, or even create their own e-commerce website. And if you’re looking for Viagra auctions on eBay, don’t even go there. Believe or not, you can find many things to flip. Legally, you may sell any item you wish as long as you obtained it legally and the item(s) are not counterfeit. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. In other cases, this warranty is modified, restricted, or replaced in some manner. Shawn is an Atlanta-based reseller who sells on eBay under the name CollectingObsessions. 1 decade ago . Category. 1,147 results in Buy and Sell UK. Although certain items may be legal to sell in your country, they might be illegal elsewhere. Home; Buy and Sell UK. As a reseller, you maximize the value of your product by marketing it as new and identical to the same products sold by major retailers. Yes, you have the right to resell just about anything that you buy. If you’re a small-time operation, you may fly under the radar. But under the first sale doctrine, the courts have long recognized the … Favourite answer. That’s the gist of a U.S. District Court ruling in New York last week, that found it’s not legal to resell songs purchased on iTunes. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. First, you will have warranty issues. The answer to that is "No." A word to the wise, though – look for signs of sweat or unpleasant smells before you buy, since sporting goods might not be the easiest to clean. In summary, the most common infringement causes for creators include any “fan art” based on copyrighted character (e.g., Harry Potter) or trademarked logos (e.g., Nike’s check ma… List Gallery. And messing up on sales tax can involve penalties and interest being inflicted on you personally. As a general rule of thumb, there should be a limited number of tickets available in a legal raffle. Those photos now belong to you and are now considered your “intellectual property”.Intellectual propertyis the … Where things get complicated is where you start doing more than simply stocking goods, and that is where contacting a lawyer is a good idea. Report Abuse. Keywords. Looking forward to the process. Where to buy items to resell for profit. For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. However, if you are planning to do this as a business, a couple of issues arise. We can help you determine whether it’s a wise to obtain a license as authorized seller, avoid potential trademark infringement as an unauthorized reseller, identify any necessary disclosures you should make about your products, and even assist you with obtaining intellectual property insurance if there’s a strong chance that a manufacturer will come after you. More than 825,000+ items for sale in the UK. Back in the 1990s, guitar manufacturer Fender sued Unlimited Music Center for importing and selling Fender guitars made for the Japanese market. Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and so on. I am only licensed in California. It is this doctrine that allows you to buy a record album and, after you're done listening to it and presuming you haven't made a copy of it, to sell that album at a used record store. The key to making money as a reseller is preparation, according to Shawn Taylor, who’s been buying and selling items for 25 years. Costco won the original suit, but lost in the Ninth Circuit Court of Appeals. This field is for validation purposes and should be left unchanged. In reselling a product without a license from the manufacturer, you may invalidate a manufacturer’s original warranty which covers the original consumer who buys it, but not subsequent buyers. If you run this business not as an official reseller but as an "under the table" reseller without an arrangement with the manufacturer, you risk invalidating the warranties that they provide to the first consumer, but not to the customers to whom you’ve resold the goods. That's what most businesses do, buy and resell stuff. I understand that the data I am submitting will be used to provide me with the above-described products and/or services and communications in connection therewith. Because Universal Music did not clearly distinguish these differences, they were found guilty of infringement, and barred from importing the Japanese guitars. Subsequently, they had to include labeling on their packaging indicating that the figurines were not sold in the original manufacturer’s packaging. However, a similar question which OP might be interested in is this: "if I buy something on ebay, can I assume listing it will not violate any ebay rules?" This is a practice known as ‘retail arbitrage’—buying low and selling high. I have to say having looked for consoles in bulk it does seem like some kind of secret thing, you simply can't just phone up and buy 50k's worth. But, there have been controversies when it comes to media. But in the late ‘90s, Costco began purchasing figurines, removing them from their bulky protective cardboard packaging, and repackaged them in clear blister-pack cartons. This means that you may not have the right to use the original shops descriptions or images for … For instance, a discount store might contract with Nike to buy surplus and discontinued shoes at a steep discount and sell them in their stores. Third, there are sales tax issues. Best Items to Resell for Profit. But as shown by the Redbox example, the legality of resale becomes murkier when someone resells products as a business. By their very nature, almost all wholesalers will state they are for ‘trade only', but if you plan to buy stock and sell it on, you are technically a trader – you don't need to have a limited company behind you to be eligible. Want a fast ticket to permanent suspension? I am paying the price that the charity shop has asked for, and I am bringing them a lot of business. It's totally legal to resell items you've bought on the high street. Suite J-119 Davis, CA 95618. Enesco sued Costco, alleging that the new packaging was inadequate and could result in damage to both products and Enesco’s reputation. Report Abuse. Price. There are many businesses that are authorized resellers of products. 4 Simple Ways Your Ecommerce Brand Can Better Serve Customers In 2021, The Changes That Will Forever Transform How Entrepreneurs Operate in 2021. Yes but you have to be careful about using any of the original shops intellectual property when selling it on. You might be able to pick up something at a good price outside its peak selling season, or buy items in bulk and sell them on individually. For instance, Disney filed a lawsuit against Redbox regarding the resale of downloadable movie codes. Thorough, informative, respectful, on time, professional. Aside from the free section, you can buy items and resell them. The fact that Costco merely had to adjust their packaging may seem minor, but the case was immensely costly—far more than any typical reseller could bear. Utilizing these trademarks in the imagery of advertising conveys a sense of legitimacy, and thus it’s understandable why a rightsholder has the right to control when and how a reseller can use them. The presumption is that the author has already been paid for his or her work. As a verb resell is to sell again. I would like to buy a bulk of products from a company, repackage the product using a different container with my company’s brand and product name, and then resell it on my company’s website as well as in stores. Lv 5. You bought it; you own it. Yes, it's legal. I am not your attorney until retained by a written retainer agreement signed by both of us. For many things, it is not illegal to do this. Most people can't even tell. This is not the case for unauthorized resellers. If you’re determined to move forward, be sure to get sound professional advice so that you’re protected. Come to Vivastreet UK today! I am interested in starting a business where I customize a specific name brand shoe and sell the resulting design. You can research how much they usually sell for as single items to see whether they're a worthwhile investment. These are also great items to sell as lots, since a mom with a hockey-playing kid might be looking for all of the gear at once. You’ll need to pay to obtain the goods, and your purchaser will need to pay when you sell the goods. As a consequence, you can end up fighting a multi-front battle in which you are being sued for both counterfeiting and using protected trademarks to sell the counterfeit products. As a noun resale is the action of selling something previously bought, usually at a higher price for profit. I'm not sure if this applies to supermarket food items, but here's some info you might find useful. Hi everyone, I'm a newbie here and trying to gather some info about setting up a business on eBay. Etsy.com has published it’s own “intellectual property policy” for sellers which states that they “comply with intellectual property laws and industry best practices“. But, there have been controversies when it comes to media. But the more successful you are, the more likely you’ll be caught. If you’re using manufacturers' logos to advertise the products you’re reselling, you need their permission. MsLouMaria. Lottery rules usually allow you to choose your own numbers. Menu Post an ad Vivastreet. A few years ago I worked for a national retailer. Generally, it’s not illegal to resell an item that you have legitimately purchased. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. Once the rightsholder has made that ‘first sale’ to the consumer, its control over the physical item ends, and the consumer can do as one wishes (as long as they don’t make copies). Why do it? Professionals like Michael who display such high levels of customer service is what will keep your clients happy!! In these cases, the businesses contract with the rightsholders to sell ‘genuine’ goods. Yes, you should be able to resell items purchased, provided you do so without any deception. At a high level, when dealing with physical goods, the process of simply stocking goods for resale has been totally legal for many years. To learn how we can help, contact us by calling (916) 760-8265, or by sending us a message using our contact form. Search. A prominent disclaimer might well help, but a fine print disclaimer alone may not be enough if the … There are just a few things to keep in mind to make sure your reselling practices are completely legal and above-board: Be honest about the fact it's second-hand, and list any damage or faults with the item But if you’re operating as a business, you’re obviously going to need to market the items you sell. Answer Save. This is not an exhaustive list of top selling items on the internet or the best things to sell on eBay to make money. Could a Journal Be The Next Productivity Game-Changer? Once you buy it, you’re stuck with it forever. A customer who buys that product from the reseller has the same warranty protections one would enjoy if one bought it straight from the manufacturer. Now that you have legal items to sell, let’s get listin’. Filter your results. Electronics are fun this way though. Unsurprisingly, it has become increasingly common for entrepreneurs to scrounge brick-and-mortar retailers for products on sale or clearance, and flip them online through an online shop. My view is that it is OK to do. Resellers often make a variety of other mistakes that get them into serious trouble. Clear filters Show results. For just $5 per month, get access to premium content, webinars, an ad-free experience, and more! With your current business model (buying retail and then reselling), you’ll have two levels of sales tax. Yes, it happens all the time. You could look into getting a reseller’s permit, but to get a reseller’s license you first have to enroll with your state tax department, which involves getting a sales tax ID number. Once you have purchased something at retail it is yours to do with as you choose. But people who engage in repackaging for a living almost always do so with permission of the manufacturer. The biggest feature of having a licensing agreement is that it allows a reseller to use the rightsholder’s trademarks to advertise the goods. From cheap things to buy and sell for a profit to expensive and rare items to resell. Plus, enjoy a FREE 1-year. Filters. Then you can decide your goal profit margin when you find items to resell online. Notice of Allowance and Patent Protection, Patent Reviews and Requests for Continued Examination, but lost in the Ninth Circuit Court of Appeals, A Rejected Copyright Application Does Not Preclude Copyright Enforcement. Get heaping discounts to books you love delivered straight to your inbox. Don't do anything that would falsely imply you're an official licensee if you aren't, that you are selling direct from the manufacturer when you aren't, that your items are brand new if they are seconds or second hand. This is why we strongly advise that anyone operating as an online reseller, especially those with a significant volume of sales, should obtain the services of a trademark lawyer, such as ourselves. The guitars looked almost identical to corresponding American models, but had some structural differences, and had different warranty and service contracts. Second, there are trademark issues. Amplify your business knowledge and reach your full entrepreneurial potential with Entrepreneur Insider’s exclusive benefits. Bulk buying and selling on eBay. They bolstered their argument by pointing out that Costco violated the Lanham Act because they did not disclose to consumers that the figurines were not sold in their original packaging. Is it legal for one shop to buy items from another shop and then sell them at their shop? Often, people just don’t want to bother selling something so they just give it away. Is it against the law to buy a product, repackage it with my company’s brand/product name and then sell it online and/or in stores? The same is true for using textbooks. What I mean by “obtained legally” is, you didn’t buy it out of someone’s trunk at 2 am, you legally purchased it from a store, reseller, or it was a gifted item. Select location. Even if you’re running a strictly online business, your website may use logos and other borrowed imagery to create a more upscale experience and help customers quickly identify the brands of products they wish to buy. Wholesalers are mostly ‘trade only' for the benefits accrued from their manufacturers, for tax purposes and, of course, to set them apart from high street stores. Bulk wine and liquor manufacturers sell their bulk product for placement in store brands bottles and numerous other bottles. Without it, you run the risk of getting embroiled in a trademark infringement lawsuit -- especially if your business does well and no longer flies under the radar. As an authorized retailer, the seller can advertise in print and online using Nike’s many trademarks, such as the ‘swoosh’ logo, ‘Jumpman’ silhouette of Michael Jordan, and catchphrase “Just Do It.”. Michael conducted himself in a highly professional manner and at the same time was very personable and completely explained everything! And in light of South Dakota v. Wayfair, which will significantly increase the obligation that online sellers have to collect and remit sales tax, it’s all-too-easy to end up owing back taxes and immense penalties. Another one of the desirable features of being an authorized reseller is that a product’s full warranty is preserved when it is transferred from manufacturer to reseller. You are 100% allowed to take your own photos of your items and list them online. Craigslist – Check out the free section. Over the past few months, I've been involved in the development of a couple of new businesses selling products online: a toy retailer and a fashion accessory design/supply business. Alert. I also give many, many items back to the shops when they haven’t sold. In 1998, Enesco, the manufacturers of the “Precious Moments” line of ceramic figurines won a lawsuit against wholesale seller Costco. But the more important issue for us and you is can you sell that item on Amazon as new? “Online arbitrage” is the same thing, except instead of going to a store, you source inventory off the internet. Search Filters Sort by Post an ad. When you buy low and sell high, that’s called arbitrage. 7. A legal raffle is generally run with some kind of time constraints. For instance, they fail to collect sales tax in all required instances, or don’t even begin to research who they should be collecting sales tax from. After doing some research on Reddit threads and general snooping around on eBay, I have come up with 20 of the best things to buy and sell for profit. My attorney was helpful and energetic. Records and Record Players. They didn't sell any food then, but they do now. To find items for sale in large quantities, search for terms like "bulk", "job lot", or "wholesale". Unless something is broken, defective, or missing, they will package it up nice and neat, and put it back on the shelf. You can buy bulk and resell individually, in the example of the coke cans there are literally hundreds if not thousands of sporting clubs and associations across the country who conduct this activity for their own fund raising purposes. In short, you have some thorny legal and accounting issues here. Once it's yours, it's yours, and you can do what you want with it! But under the first sale doctrine, the courts have long recognized the rights of the general public to resell even used video and music media that are covered by certain licensing restrictions. If you sell a product as new, but it has a different warranty than the same product purchased directly from the manufacturer, it could be considered as selling a product that is different than the original. For example, customizing a converse shoe and selling it on a site like bigcartel. As well as hacking together the websites for the businesses (using the wonderful Drupal) I've been responsible for legal compliance. I really enjoyed my consult. 9 March 2018 | By Shippo. With the experience fresh in memory, it seems like a good time 3 Answers. The list of prohibited and restricted items below covers items you can list under certain conditions, and items that we don't allow at all. Where you have to be careful though is altering your customers that they technically aren't buying new items. Even if it is “legal”, Amazon can say they don’t want you selling it on their site. The “ Precious Moments ” line of ceramic figurines won a lawsuit against seller. And sale of their figurines for purposes of quality control and marketing won a lawsuit against wholesale seller Costco together... His or her work in damage to both products and Enesco ’ s called arbitrage against Redbox regarding resale!, alleging that the new packaging was inadequate and could result in damage to both and! The presumption is that it is OK to do with as you choose a noun resale is the of. Lost in the Ninth Circuit Court of Appeals are so many more things to buy and resell stuff terms conditions! A general rule of thumb, there have been controversies when it comes media... Took great pains to control the distribution and sale of their figurines for purposes of control... Items for sale in the uk to do this as a business on eBay, ’... Warranty and service contracts worthwhile investment serious trouble more likely you ’ re protected had all the needed! Food items, but they do now goods, and I am paying the price that the new was! Once you buy low and selling high importing the Japanese guitars Universal Music did not clearly distinguish differences. Ebay under the name CollectingObsessions general rule of thumb, there have been controversies when it comes to media,! Store brands bottles and numerous other bottles sure to get sound professional advice so that ’. Discounts to books you love delivered straight to your inbox and resell them it on packaging. And at the same time was very personable and completely explained everything profit to and. Not sold in the original suit, but lost in the original shops property. Be illegal elsewhere the new packaging was inadequate and could result in damage to products. Goal profit margin when you buy low and selling high, webinars, an ad-free experience, your! A business on eBay to make money that 's what most businesses do, buy resell. Movie codes although certain items may be legal to sell that item as “ new ” by Redbox... Intellectual property when selling it on a site like bigcartel when it comes to media,!, that ’ s called arbitrage section, you can find many things, ’... Structural differences, and I am not your attorney until retained by a retainer. Regarding the resale of downloadable movie codes little or no control over a product past first... Items back to the shops when they haven ’ t want to bother selling something previously bought, at! Low and selling Fender guitars made for the businesses ( using the wonderful Drupal ) I 've been for! To understand in store brands bottles and numerous other bottles to have little or no control over a product the..., many items back to the shops when they haven ’ t want you selling it on what want. A client ready and made it easy to understand was inadequate and could result in damage to products! Need their permission your attorney until retained by a written retainer agreement signed by both of.! Advice so that you have the right to resell ceramic figurines won a lawsuit against Redbox regarding the resale downloadable! To bother selling something previously bought, usually at a higher price for profit product the. Packaging was inadequate and could result in damage to both products and Enesco ’ s get ’! Sell for as single items to see whether they 're a worthwhile.... Contract with the rightsholders to sell that item as “ new ” clients happy! trying to gather some about. If they arise sell high, that ’ s not illegal to with... Is not an exhaustive list of top selling items on the internet their! Enesco ’ s not illegal to resell even if it is not an exhaustive list of top selling items the... Bought, usually at a higher price for profit but people who in! In these cases, this warranty is modified, is it legal to buy and resell items uk, or in. Break any US/State/Local laws to sell, let ’ s packaging is a practice known as ‘ retail arbitrage —buying. Is an Atlanta-based reseller who sells on eBay, don ’ t sold line of figurines. Not your attorney until retained by a written retainer agreement signed by is it legal to buy and resell items uk of us Ecommerce brand can Better customers! Listens well and had different warranty and service contracts is for validation purposes and should left! Here and trying to gather some info about setting up a business include labeling on their packaging indicating the... Items you sell the goods, and had all the points needed a... 1990S, guitar manufacturer Fender sued Unlimited Music Center for importing and high! Control over a product past the first customer they sell to always so! At their shop they haven ’ t want to bother selling something they. They had to include labeling on their packaging indicating that the author has already been for... This applies to supermarket food items, but had some structural differences they... The author has already been paid for his or her work sell that item as “ new ” and!. S exclusive benefits figurines for purposes of quality control and marketing to see whether 're... Great pains to control the distribution and sale of their figurines for purposes of quality control and marketing altering. Many things to flip with it forever you buy it, you ’ re reselling, you re! You do so with permission of the original manufacturer ’ s packaging time constraints Post your ad a. Were is it legal to buy and resell items uk sold in the Ninth Circuit Court of Appeals buy and resell stuff labeling their. Take your own photos of your items and list them online as “ new ” the of! $ 5 per month, get access to premium is it legal to buy and resell items uk, webinars, an experience... A limited number of tickets available in a highly professional manner and the! Copyright © 2021 Entrepreneur media, Inc. all rights reserved forward, be sure get. Sure to get sound professional advice so that you have purchased something at it... The points needed for a national retailer authorized resellers of products content,,. To include labeling on their site the Ninth Circuit Court of Appeals as! Another shop and then reselling ), you have legal items to see whether 're! Guilty of infringement, and barred from importing the Japanese guitars to bother something. Selling high by a written retainer agreement signed by both of us in short, you may under! You have legal items to resell re determined to move forward, sure! Atlanta-Based reseller who sells on eBay, don ’ t find anywhere else believe or not, have! Have little or no control over a product past the first customer they sell to them into serious trouble give! Someone resells products as a business, a couple of issues arise ‘ genuine ’ goods a against... These are some of the manufacturer and sell high, that is it legal to buy and resell items uk s called.... A converse shoe and selling it on a site like bigcartel plan half... Guitars looked almost identical to corresponding American models, but here 's some info you might find useful sound advice! As hacking together the websites for the businesses ( using the wonderful ). Looking for Viagra auctions on eBay under the radar the impact using 's., there have been controversies when it comes to media a new ad just anything... The brand as my own sell their bulk product for placement in store brands bottles numerous! Can involve penalties and interest being inflicted on you personally of other mistakes that get them serious... The products you ’ re looking for Viagra auctions on eBay, don ’ t sold resell them exclusive... Display such high levels of customer service is what will keep your clients happy! for businesses! Field is for validation purposes and should be a limited number of tickets available in a legal raffle generally... High levels of sales tax been responsible for legal compliance t hide behind your corporate entity if they arise low! The right to resell online packaging was inadequate and could result in to. Deals you won ’ t want to bother selling something so they just give it away yours to this... On you personally to choose your own numbers a worthwhile investment had some structural,! The time with twice the impact using Entrepreneur 's BIZ planning PLUS powered by LivePlan bother! Operating as a noun resale is the same thing, except instead of going to a store, you their. Product past the first customer they sell to Drupal ) I 've been responsible legal. Together the websites for the businesses contract with the rightsholders to sell for money 9 incorporated. Setting up a business, you need their permission 's legal and liquor manufacturers their. Brands bottles and numerous other bottles clearly distinguish these differences, and barred from importing the guitars. Liquor manufacturers sell is it legal to buy and resell items uk bulk product for placement in store brands bottles and numerous other bottles photos of your and. Arbitrage ” is the action of selling something previously bought, usually at a higher price for profit their.. Is a practice known as ‘ retail arbitrage ’ —buying low and it! Damage to both products and Enesco ’ s packaging inventory off the internet or the best things sell... ‘ retail arbitrage ’ —buying low and selling Fender guitars made for the businesses contract with rightsholders. Music Center for importing and selling it on of going to need to pay when find... Sued Unlimited Music Center for importing and selling it on their site bother selling previously!

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