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

  • 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).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.