Legal Question in Business Law in Massachusetts

Use of Trademark/Branded products
Can a company (me) purchase a trademarked or licensed product from a supplier/retailer and then lawfully re-sell that product as part of a package with other products? If so, can the company, as part of it's product advertising, include a picture of their product where the trademarked items can be seen in the package, without running afoul of the licensor's rights? In other words, I am not a distributor or retailer for ''Candy X'' or ''Bag of Nuts Y''. However, I purchase these items from an authorized retailer or ''Club.'' I then assemble my product of different items which includes ''X and Y'' and photograph the total package as part of my advertising campaign. While not mentioning trademarked items or copyrighted items and such directly in my advertisement, they can be identified in the photo. Is this legal? If not, can the photo be altered to make the items look generic but still be sold in this manner? Thanks

Asked on 4/01/04, 9:03 pm

Lawrence Graves Coolidge & Graves PLLC

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Re: Use of Trademark/Branded products

Yes, this is permissible. The owner's rights extend only to the first sale of the product.

Best wishes,

LDWG

Answered on 4/02/04, 8:55 am

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