Legalities of selling other peoples products

[SB71]

Hello, I am new to this forum.

I have an idea which involves creating "packs" of travel friendly products to be sold. These products I was planning to purchase from wholesalers and will include products of known brands.

My query was that as I aim to sell products which are created by someone else, would I need to apply for a certain licence? Or whilst sourcing the product are there any regulations to follow? or are there any laws I should look into regarding this.

I would be grateful for any help and advice. Especially by anyone knowledgeable in this field.

Thank you.

 

[TomJ83]

Welcome to the forums. Do you mean license from the brand owners to create packs including their products?

 

[SB71]

Welcome to the forums. Do you mean license from the brand owners to create packs including their products?

Hey thanks for the reply, yes exactly that. Is there any law which covers the sale of other companies products or them being grouped together in one pack. Etc a johnson and johnson product with loreal product.

 

[Mr D]

What brands you planning on sticking together?

 

[anon284]

If you're going to be branding your own product, that contains other brands from other manufacturers, then you will most certainly probably need to contact each individual manufacturer of the brands in question, in order to receive clearance/permission.

I'm pretty certain of this.

I don't think there is a singular license that covers it all.

 

[Mr D]

The brands can also be reluctant to have their product next to a certain company's product in the eyes of the consumer.
Will Loreal want their stuff next to cancer causing Johnson & Johnson talc for example?

Some companies are fine with packaging stuff in unbranded package. If you ask them.
When you don't they can get annoyed.

 

[anon284]

I've only ever seen this in supermarkets and department stores, especially when they have sales.

Superdrug for example, sometimes pair 2 different brands/manufacturers along side one another during certain promotions. But I don't think I've ever seen them come in an enclosed package or anything.

 

[Gecko001]

This is a bit like a Christmas food hamper. I think the big difference with the OP's suggestion is that it is not just for a few weeks every year that he/she is planning to do this, but longer than that. That could make a big difference as to whether suppliers/manufacturers would agree to it or not. Remember suppliers only have to cut of your supply even if you are not breaking any laws.

 

[anon284]

Have you thought about maybe contacting those smaller independent cosmetic companies, to use their products? They will most likely permit their products being used, as it will help expand them with promotion etc.

 

[kulture]

I don't see how the brand owners could legally stop this. So long as you don't change the individual item's packaging or claim it is something else, then all you are doing is selling t heir stuff. You have no contract with them, they may ask the wholesalers to stop supplying you, and they may have a contract with the wholesalers which they can enforce, but there is nothing they can do to you.

 

[MOIC]

As above.

If you are legally buying authentic branded goods from your wholesaler(s) (and they have been authorised to sell the products), there is nothing stopping you in creating gift boxes to sell on.

If I wanted to sell a selection of miniature perfume bottles (all the international brands) I sourced and purchased from legitimate wholesalers and boxed them up with a blanket, a tooth whitening kit & bed socks (as an example), I would not be breaking any laws. It might be that the bed socks brand will not be happy to be part of SB71 Xmas/Valentine/Mothers/Fathers day gift box contents. If they are happy to sell through distributors, then they have no say what people do if they legitimately buy from those distributors.

Some clothing brands will supply distributors on the strict understanding that they must only sell to bona fide bricks & mortar shops, so that they can "control" the selling prices.

If a brand decides to sell their products to wholesalers (and there are many avenues that a brand sells it's merchandise), then they have little control on who buys their products and have zero control (or rights) to determine who does what, after the products have been sold.

In short, they can't have their cake and eat it. (although some would say they own the bakery).

Good luck with your business.

 

[Kev2017]

As mentioned above, there shouldn't be any problem, it's very similar to a Christmas hamper etc. The companies shouldn't have an issue as bundles are usually separate products, such as a soap, sponge and tooth paste. (hey it's late and I'm thinking on my feet) Which one manufacturer doesn't produce all 3 products so there is no reason for them to have an issue.

There maybe an issue if you put 3 differently branded soaps in the same packet, this is seen at Christmas, with whisky gift sets etc but this is done under licence.