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Thread: Is this legal?

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    SitePoint Zealot writetravis's Avatar
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    Is this legal?

    If a person buys a, a skin care product, a whirligig, whatever the thing is, If it is purchased and the buyer has paid full price would it be legal for that buyer to then develope a site and because the product is so good raise the price, repackage the goods and resale them without mentioning the original manufacturer. I have often wondered if this is legal since the buyer did pay for the goods and has a right to divest himself of those goods.

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    SitePoint Addict g1siberia's Avatar
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    your question is badly worded but no its not illegal. It would be if the seller had signed a contract to never again make a similar product. if this doesnt help, please explain the situation better.

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    guido2004's Avatar
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    No it's not legal. You can usually resell things (see ebay ), but not 'rebrand' it, unless you've got permission from whoever owns the rights to that product.

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    SitePoint Zealot writetravis's Avatar
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    So rebranding an item is where you would run into problems. I suppose that makes sense.
    Thank you


    Quote Originally Posted by writetravis View Post
    If a person buys a, a skin care product, a whirligig, whatever the thing is, If it is purchased and the buyer has paid full price would it be legal for that buyer to then develope a site and because the product is so good raise the price, repackage the goods and resale them without mentioning the original manufacturer. I have often wondered if this is legal since the buyer did pay for the goods and has a right to divest himself of those goods.
    Quote Originally Posted by guido2004 View Post
    No it's not legal. You can usually resell things (see ebay ), but not 'rebrand' it, unless you've got permission from whoever owns the rights to that product.

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    SitePoint Enthusiast Wolf597's Avatar
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    nothing wrong with taking an idea and adding something or developing a similar product, companies do it all the time.

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    SitePoint Zealot writetravis's Avatar
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    Quote Originally Posted by Wolf597 View Post
    nothing wrong with taking an idea and adding something or developing a similar product, companies do it all the time.
    I suppose people do copy products but the thought here is if you did nothing more than slap a new label on the product and raise the price. Earlier input stated that without permission you would have a problem and I would probably agree with them now.
    Thank you,

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    This is where patents and copyrights come into play...

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    SitePoint Zealot writetravis's Avatar
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    Quote Originally Posted by Jancarius View Post
    This is where patents and copyrights come into play...
    Would you not bypass the patent protection because you paid for the item from the manufacturer and if the manufacturer did not state that the item was not for resale where is the rub. As far as copyrights you would not be using the protected message. I would not have the time or inclination to defend a suit for infringement I just wonder where the line is drawn.

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    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    Reselling is legal - it is repackaging/rebranding that is not. As long as you sell it as what it is in its original packaging then it is just a regular sale of second hand goods which is perfectly legal.
    Stephen J Chapman

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    SitePoint Member rapidfix2004's Avatar
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    If you really want to sell the product for the long term, why not buy in bulk from the supplier then ask for re branding/repackaging permission.

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    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    If you want legal advice, especially from a bunch of designers/developers instead of lawyers, it's best not to work in metaphors.

    The legalities around reselling skin moisturizer may be different than what you're actually talking about.

    For example, normal property rights don't apply to many script sales, where the terms of sale only grant you a license to use the software, and not actual ownership. That license may not be transferrable (we're into contract law and copyright law, where the law for the moisturizer is mostly grounded in the Uniform Commercial Code), so the "you can always resell something you bought on ebay" analogy breaks down.

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    SitePoint Zealot writetravis's Avatar
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    Quote Originally Posted by Dan Grossman View Post
    If you want legal advice, especially from a bunch of designers/developers instead of lawyers, it's best not to work in metaphors.

    The legalities around reselling skin moisturizer may be different than what you're actually talking about.

    For example, normal property rights don't apply to many script sales, where the terms of sale only grant you a license to use the software, and not actual ownership. That license may not be transferrable (we're into contract law and copyright law, where the law for the moisturizer is mostly grounded in the Uniform Commercial Code), so the "you can always resell something you bought on ebay" analogy breaks down.
    You guys at Sitepoint are good. Although the question I asked was in reference to repackaging and reselling in general, the thought came about when I used a hand lotion for dryness that was so superior to any product I had tried and I had tried them all and had even went to a dermatologist. I want to reemphasize this point though, I have no desire to resell any protected item I just was curious where the boundaries might be.
    writetravis
    Last edited by writetravis; May 9, 2009 at 05:37. Reason: spelling


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