Legal Question in Business Law in Massachusetts
I want to start a small online business which includes selling other companies' products within my product- essentially highly recognized name branded gift baskets. An example would be- someone wants a spa themed gift basket. Inside would be a sleepwear/eye mask set from Victoria's Secret, a couple of lotions, soaps, and facemasks from Bath & Body Works, and nail applications &polish; from Jamberry. I want to know if it is legal to resell from these companies, or if I am crossing into the illegal, stealing brand name zone.
Thank you!
2 Answers from Attorneys
No problem here -- if you are acquiring genuine products (not grey-market), you can resell however you wish. A brand cannot complain if you truthfully advertise the contents of your assortment that includes the brand's products. Best wishes,
LDWG
There is no problem in selling the products so long as they are not grey market or illegal copies. However, if you promote the contents on line, you need to make sure you do not violate the trademarks of the companies whose products you use.
While you can advdertise the brand, you cannot use the trademark without consent or at the very minimum a note indicating the owner of the trademark.
You can sell Kellogs Raisin Brand and say it is in your breakfast basket, but you cannot use the Trademark without noting it is owned by Kellogs It is unlikely anyone will complain especially if you are buying retail and selling the baskets. Just be truthful in your advertising and promotion.
I wish you great success
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