Legal Question in Business Law in California

Can I sell another company's food product without their consent?

Is is illegal for a person (or business) to resell another company's food product without their consent or knowledge?

For example, would it be illegal for me to buy 10 Mcdonald's hamburger at $1 a hamburger, and then to advertise to sell them to my friends for $2 a hamburger?


Asked on 12/06/03, 6:06 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Can I sell another company's food product without their consent?

Please give me the true situation as you're oversimplified question may not take into consideration numerous facts which would create the wrong advice. Who would wanna buy a 1 dollar big Mac for two dollars, unless they were starving on island which didn't have a McDonald's and I don't think one exists. What's really going on??? That is more rhetorical than anything else. It basically says I can answer your question here.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/06/03, 6:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I sell another company's food product without their consent?

I remember researching this question about two years ago for someone who wanted to resell Krispy Kremes. The answer is that it may be a trademark violation to reoffer branded merchandise of whatever kind if in doing so you take advantage of the well-known trsdemark without the owner's permission.

In the case of food products, there may also be health department regulations regarding any facility in which you store, prepare, serve, reheat, allow patrons to eat, etc. the food items in question.

If neither trademark or health issues affect your proposed reselling, it may be OK.

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Answered on 12/07/03, 12:43 am


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