Legal Question in Business Law in Minnesota

I intend to sell samples of a commercial item without authorization from the original company. I am making it abundantly clear to the customers that I am not in any way affiliated with the company. I was wondering if what i'm doing is illegal.


Asked on 8/31/10, 3:06 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Sorry to break the news to you. Manufacturers have a right to control who resells their branded products downstream. It doesn't matter that you are selling genuine articles purchased from the manufacturer or an authorized source. If they find out about you, expect a trademark infringement lawsuit etc, usually prefaced with a demand letter for $10k or $20k. This practice is very prevalent in these trying economic times. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

If you want to deal in products made and branded by XXX, then XXX has a right to require you to obtain authorization from them, and XXX can refuse to authorize you.

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Answered on 9/07/10, 3:11 pm


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