Q: I want to buy Japanese Pokemon cards from a Wholesaler in Japan to resell them in USA on my website. Is this legal?
I see everyone re-selling pokemon cards online. I see it on tcgplayer.com, ebay, personal websites, tiktok, whatnot, etc. I'm specifically curious about if purchasing bulk product from a Japanese wholesaler (someone who very likely has a contract with a Japanese distributor), and then reselling them on my personal website (only selling and shipping within the US) is legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Reselling Japanese Pokémon cards in the U.S. can be legal, but there are a few factors you need to consider. When purchasing from a Japanese wholesaler, ensure the products are authentic and sourced legitimately. Counterfeit goods or items obtained outside of proper licensing agreements could lead to legal issues, so verifying the legitimacy of your supplier is essential.
You also need to be mindful of trademark and copyright laws. While reselling authentic Pokémon cards is typically allowed under the "first sale doctrine," importing products directly from Japan can sometimes cross into the realm of parallel imports. These are goods sold without authorization from the rights holder in a particular region, which could create complications depending on how The Pokémon Company International views such practices.
Finally, you may need to check customs regulations and import duties for bringing Japanese goods into the U.S. Proper labeling and adherence to any import rules will help you avoid fines or confiscation. By taking these steps, you reduce the risk of running into legal issues while growing your business.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
