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The World of Resale and IP Issues in E-Commerce

  • Writer: Amy N
    Amy N
  • Oct 9, 2024
  • 2 min read

Thinking about buying goods overseas to resell at home? Exciting idea! But hold your horses before you start that global shopping spree—let’s chat about the trademark landmines that could pop up when you import and resell products.


Picture this: you find an amazing deal on trendy sneakers abroad. You bring them home, ready to sell on your e-commerce site. Sounds like a win, right? Not so fast! If those sneakers are trademarked (and registered in your resale country), the original brand might not be too happy with your new side hustle. You could get a cease-and-desist letter faster than you can say “sneakerhead.”


Cre: DALL-E


You might think that once a trademarked product is sold in one market, the brand can’t stop its resale elsewhere. That’s called the exhaustion principle, but here’s the catch: it varies by country. Some places are cool with it, while others, like Europe, aren’t. If you import those European sneakers to the U.S., the brand could still challenge your resale because they want to control how their products are marketed.


Why the fuss? Trademark owners are serious about protecting their brand reputation and making sure consumers get genuine products that meet quality standards. Selling their trademarked goods in new regions without permission could be seen as a threat to their brand, misleading consumers about the product’s origin and quality.


And it’s not just trademarks—other forms of intellectual property can cause similar headaches. Patented products, and copyrighted items like books, computer programs, and recordings can all land you in hot water if you don’t have permission to resell them.


So, while importing goods to resell is tempting, navigating trademark and copyright issues can feel like a comedic nightmare. Do your homework first—saving yourself from legal headaches later is always in style!

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The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Attorney-client relationships are not constituted by receiving or viewing this information. Every case is different. Stories and testimonials are evidence of past results and do not guarantee conformity to any case.

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