Legal Question in Business Law in Florida

Can you buy wholesale from china, having it shipped to the us, passes customs, and then I'd sell each time individually online on craigslist, eBay, amazon, etc.

Do I need a special license or something?

Also coming from china people might question the fakeness or realness and could the actual company sue me?

For example, p90x is a product sold in the us but u can buy it wholesale fom china, could the p90x company sue me?


Asked on 11/02/09, 2:54 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

First, I would like to caution you against being scammed. You do not know whether the merchandise is genuine or counterfeit, and China is the counterfeiting capital of the world! Second, if you send your money to China for merchandise, and then your merchandise is stopped at the border or you otherwise can't sell it, I seriously doubt you will get a refund. Third, I would caution you against trafficking in counterfeit goods. It is a federal crime which carries stiff penalties. Fourth, even if the merchandise is genuine, the manufacturer can prevent you from importing it into the US (under several different legal theories).

One of the reasons the US manufacturer/distributor can prevent you from importing and selling the merchandise in the US is that products are manufactured for different regions, and the product manufactured in China could be destined for consumers in China, India, Europe, South America, etc. The product may not be identical and, in fact, may not even be compatible (usable) in the US. What happens if the power cords are made for Europe, not US? The manufacturer can stop you from doing this because it deceives their consumers and causes them to have a sub-standard opinion of the product, thus damaging the company and tarnishing its reputation.

So, in conclusion, you can get scammed and you are not going to get a refund from China, the p90x manufacturer can sue you, and each individual purchaser of the merchandise can sue you. You could also be arrested if the merchandise is counterfeit. Sounds like a lot of lawsuits, huh? In my opinion, the risk is too great.

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Answered on 11/08/09, 8:15 am


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