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In the US, Can I simply buy a packet of cookies in a store and resell it without tampering the packet, but simply putting it inside my own branded box to a consumer at a different location in the US.

Points to note:

  • I am not tampering the packet
  • I am letting the end consumer know who actually made it (as I am not tampering packet)
  • I am putting the packet in my own box
  • The value I bring is that I expand the reach of that cookie to my audience

What are the laws surrounding it?

1 Answers1

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The issue that I think you might face is a trademark problem. You can buy and resell stuff as is, but in re-packaging you might face the question of whether Oreos From Khadloya is confusingly similar to Oreos. There is a case (Farouk Systems, Inc. v. Target Corp. Inc., Case No. 06-20883; 2008 U.S. App. LEXIS 1225) where Target boxed hair stuff into a package: it was all labeled properly and one could see what's inside. This was okay. However, Target (the defendant) did have to go to court.

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