Can I sell discontinued printed packaging? How? 3 Answers as of August 10, 2015

I have some discontinued printed packaging that the original customer no longer wants. I have an opportunity to sell it, can I?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
I wouldn't recommend it unless it's really, really generic and there are no trademarks, logos, or copyrighted materials anywhere on the packaging.
Answer Applies to: Nebraska
Replied: 8/10/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
This would depend on your rights to the packaging and if the printing on the packaging is protected by copyright. You should get a written agreement from the original customer releasing ALL interest in the packaging so you have some written authorization to use the discontinued packaging.
Answer Applies to: California
Replied: 8/10/2015
Banner & Witcoff, Ltd. | Ernie Linek
I assume that the discontinued printed packaging includes a trademark of the original customer - a logo or word or both. You can sell it - as long as you make it clear that you are a re-seller - selling discontinued product - and your have no affiliation with the original customer. You are selling "junk" at a discounted price - not anything else. Be careful and you should be okay.
Answer Applies to: Massachusetts
Replied: 8/10/2015
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