Legal Question in Business Law in California

Re: Can I legally sell samples of Colognes and Perfumes?

I seriously doubt the cologne companies allow resell or sale of their samples. You would need permission from each company.

Re: Can I legally sell samples of Colognes and Perfumes?

Yes, you can sell the samples you get from stores. As for filling your own vials, the legality would hinge upon what else you do with respect to your advertising and selling. If (1) you make clear what you've done, (2) you make clear that you're not an authorized reseller of the product, (3) you use the name of the product only to identify it and NOT TO CONFUSE CONSUMERS into thinking the products are new or that the products you're selling have been packaged by the original manufacturer, and (4) something else that has slipped my mind . . . you might be okay.

This could be a decent business but Mr. Stone is right, you can't afford to fight Calvin Klein. You should spend some money getting more detailed and more particular advice from an attorney. It could turn out to be a great investment.

This advice was given on the fly and you should NOT RELY ON IT for anything other than a general understanding or some rough guidance.

Good luck!

Re: Can I legally sell samples of Colognes and Perfumes?

Let's look at the practical aspects of this, since you would not prevail in a trademark lawsuit brought by a big company whether they were legally correct or not - you wouldn't have the money to fight it. So the question becomes, would you be able to fly under their radar screen for a while. Answer, who knows? And is what you are proposing a fair or legal use of the company's trademark? Sounds doubtful.