right to resell

[CBR600]

I have a question regarding selling online. I am wondering how we can find out whether we need to obtain permission from the manufacturers to resell their products online? Or can we sell anything online (except things that are prohibited by law of course)? We want to sell some unique products (for example, racing DVDs that're made in Japan) that're not available everywhere and we are wondering if we can just buy the inventory from the local stores and sell them online? The reason why I am asking is because I heard that certain manufacturers (of other products) restrict the number of authorized distributors/dealers in each state in order to protect their authorized distributors/dealers so I am wondering if we are allowed to sell their products online without notifying them first? And do we have the right to promote their products without using their logos, trademarks but just putting the product name on the online store?

Thanks.

[Shalin]

yes, I guess you would need to ask them if you could resell their product. Its always better to do so.

Or else you can check with the current store which is selling the product about the selling channel the company is currently following.

That should help you.

[aspen]

You have the right to sell anything you own -- so long as it is not illegal.

A supplier has the right to not sell to you though if they do not like what you're doing.

[pv25]

Of course, you have to own it outright (e.g., your resale right can be limited if you're a licensee), but that doesn't sound like the case.

[CBR600]

Thanks for all the replies regarding this question. I knew that everyone has the right to sell the products especially if the products are sold as used products. So my question is regarding to selling the new products. Sorry I should have been more specific.

How about if one of the local stores here sells some unique products that're manufactured by themselves and all these products have their company name on them (small tags). These products are not available in other retails stores in other states nor in other countries.

I am asking this again because if I am the supplier of certain unique products that have my own company name/trademark on them, I probably will not want others to sell my products online without informing me first because in this case, the suppliers have no control over the quality of the online stores. If some people create some online stores to sell their products and put illegal contents in the sites at the same time, that would affect the name of the companies that manufacture these products. And I can understand that if these manufacturers don't want anyone to misunderstand that these online stores are associated to them.

I am wondering if any government sites provide more details about this and have guidelines that we can follow in terms of creating a website to sell other people's (brand new) products because they have to draw a line somewhere. I know that many many online stores have a disclaimer saying something like "ABC company.com is not affiliated in any way with DEF Co., Ltd. or any divisions of DEF Co., Ltd." I am wondering if placing a disclaimer like that would be enough?

[Shalin]

Is your product a tangiable product (I guess so). You should consult your attorney to get the best advice on this.

Besides, In my opnion, you could have a disclaimer written on your product stating that this product should be sold only by "ABC in this region" and so on.

This would discourage some retailers to sell your product at their store or online.

Cheers,
Shalin

[CBR600]

Yes tangiable. Thanks for your opinion!

Originally Posted by Shalin

Is your product a tangiable product (I guess so). You should consult your attorney to get the best advice on this.

Besides, In my opnion, you could have a disclaimer written on your product stating that this product should be sold only by "ABC in this region" and so on.

This would discourage some retailers to sell your product at their store or online.

Cheers,
Shalin

[Shalin]

most welcome.

Cheers,
Shalin