Asked in Intellectual Property and Trademark

Q: If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic

If I were to buy direct from a factory overseas (such as a nike factory) could I receive the items here in Canada and sell them as new and authentic (because they are authentic nike). If not, could I removed the tags and sell it as used? Thanks for the help.

1 Lawyer Answer

Griffin Klema

Answered
  • Trademarks Lawyer
  • Tampa, FL

A: Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S.

Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product here). You would not be allowed to sell products bearing the mark of another company without their permission (license). It also probably doens't matter whether you're advertising them as new or used. Furthermore, falsely suggesting a product is used when it is new might run afoul of consumer protection laws (e.g. the federal FTC Act or the Florida Deceptive and Unfair Trade Practices Act).

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