Legal Question in Business Law in California

Farmers' Markets

I have two questions pertaining to Farmers' Markets:

1. Do booths legally have to be free? (in California)

2. Am I legally allowed to buy produce from a farmer and resell it with their label still on it, without their permission or knowledge? Do I have to specify to them that I am not associated with the farm?

Thank You


Asked on 5/03/09, 1:04 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Farmers' Markets

1. No. To my knowledge, they usually aren't free.

2. This is an extremely complex question, with no simple answer. Owners of trademarks are permitted to control who re-distributes their merchandise, but on the other hand, there is a rule permitting consumer-purchasers of trademarked goods to resell them as secondhand goods without regard for the trademark owner's right to control distribution channels. I'd say the cautious answer is also "no," but without a lot of research I'd have admit this is a guess.

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Answered on 5/03/09, 1:32 am


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