Can I create a mall kiosk of a product that's not mine? 9 Answers as of June 03, 2013

I want to make the products accessible to those who can't buy online.

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Banner & Witcoff, Ltd. | Ernie Linek
Yes you can create a mall kiosk - as long as you are selling genuine products. Thus, you may need permission of the "brand" owner to be a reseller.
Answer Applies to: Massachusetts
Replied: 6/3/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Theoretically, you could sell any product in your mall kiosk provided that the manufacturer of the product agrees to sell them to you and provides you a license to use their name and trademarks in selling the products. You might also be able buy products on-line and resell them in the Kiosk but you need to be careful. You have an absolute duty to assure that the goods which you sell are authentic and not counterfeit. You can face major civil and criminal liability of you traffic in counterfeit goods. If you want to pursue this plan, you need to retain intellectual property counsel to assist you.
Answer Applies to: New York
Replied: 5/10/2013
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Please provide more detail.
Answer Applies to: Oregon
Replied: 5/10/2013
Law Office of Mathew R. P. Perrone, Jr. | Mathew Roy Patrick Perrone, Jr.
If the product is protected by a patent, and you get it from a proper source, you are free to do with it what you wish. If the product is protected by a trademark and or a copyright, instead of or in addition to a patent, and you get it from a proper source, you are NOT free to do with it what you wish. Again, the question lacks sufficient information for a proper answer.
Answer Applies to: Illinois
Replied: 5/9/2013
Gerald Walsh | Gerald Walsh
You probably can sell a product that is not yours (assuming you purchased it or made it yourself) if it is not protected by a patent, and you do not use someone else's trademark, and you do not copy someone else's trade dress.
Answer Applies to: Alabama
Replied: 5/9/2013
    Microtechnology Law & Analysis | Daniel Flamm
    Your question is too general to answer concisely. Perhaps you are concerned about using another company's trademark (brand, name, etc.). If so, you may need their permission to do so. However, if you have purchased a product legally, you may resell it absent an agreement not to do so at the time of sale. It sounds as if you should consult an attorney and relate the specifics of your situation.
    Answer Applies to: California
    Replied: 5/9/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You don't say what the product is and that may make a difference.. However, you will probably need permission of the product owner to distribute anything but the most generic product in any manner and in any location. Some products (such as food, chemicals and medicines, hazardous items, etc.) may also need distribution approval by a government or regulatory agency.
    Answer Applies to: Nebraska
    Replied: 5/8/2013
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    As long as you legitimately purchase the products you would be performing the same service as other sellers within the mall. The only difference is that you are selling without a real person. It is basically a vending machine.
    Answer Applies to: California
    Replied: 5/8/2013
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