10 {{ upvoteCount | shortNum }}
10 {{ upvoteCount | shortNum }}

Drop Shipping Trademark Items

by GuerrillaIM
8 replies
  • ECOMMERCE
    • |
If I sell an item like a superman action figure can I get in trouble if I am sourcing the drop ship supplier from china?

I see these non-official toys in shops all the time but on the internet its a bit more visible so I am concerned.

What are the risks?
#drop #items #shipping #trademark
  • Profile picture of the author Monkmoney
    Its legal to sell trademark.items

    If those items however are fake..which dropshipped from china 99% chance they are..then yes you can get in trouble..you can.get fined and go to.jail worse case scenario

    Least case is you get yer website shutdown

    Its dukb dropshipping from china anyways..they sell their stuff dirt cheap themselves somewhere
    {{ DiscussionBoard.errors[9846471].message }}
    • Profile picture of the author Importexport
      Originally Posted by Monkmoney View Post

      Its legal to sell trademark.items

      If those items however are fake..which dropshipped from china 99% chance they are..then yes you can get in trouble..you can.get fined and go to.jail worse case scenario

      Least case is you get yer website shutdown

      Its dukb dropshipping from china anyways..they sell their stuff dirt cheap themselves somewhere
      It is not only definitely illegal to sell trademarked items unless they are sourced from an authorized distributor or other authorized source, it is also illegal to even import them.

      It makes no difference to Customs whether they are genuine or fakes, they will still be confiscated if detected and you could be subject to fines and/or imprisonment. Not only that, but if the trademark owner decides to make an example of you and sues, you could end up bankrupt.
      Signature
      Use emotions and perceptions to build a great brand. Ask me about my book LabelsThatExploit. For safe sourcing and easy importing from 41 countries globally, see https://provenglobalsourcing.com
      {{ DiscussionBoard.errors[9846781].message }}
  • Profile picture of the author skugrid
    It all depends where you sell and how good is owner monitoring internet.

    If you sell on marketplaces, like Amazon and Ebay, then eventually (after few warnings) your account will get suspended (if owner notifies the marketplace).

    If you sell on your web-site, then you'll get an e-mail that you should take down the items, but that's about it ... you'll have few days to remove items

    Don't kid around with big boys, we got locked out of Amazon.co.uk because we sold some Canon's.

    --
    skugrid.com
    Signature
    {{ DiscussionBoard.errors[9846503].message }}
  • Profile picture of the author kjamesnv
    There is a good chance that you'll get bogus goods from China. You risk a bunch of unpleasant problems by importing counterfeit good including having your shipment confiscated by customs.
    {{ DiscussionBoard.errors[9846576].message }}
  • Profile picture of the author Monkmoney
    Sorry but no matter where you buy an item the supreme court upholds the first sale law..that its yours to keep sell or trade, so of its not a fake item you are ok.

    You do NOT need to be an authorized dealer..it is the conpanies responsibility to control their distribution by who they choose to partner with.

    If a company doesnt want evetyone selling their goods, they usually will than enter a contract with the distributor not to wholesale to anyone..only people meeting certain requirements

    However that does not stop someone from buying an item at walmart and reselling it for more..or finding a less strict wholesaler who doesnt follow rules..the person in trouble at that point is the distributor for break contract

    Such as the case of a studentvselling cheaper college books he sourced from tawain to the us..the books were legally distributed to.tawain and thus not fakes or copues so the supreme upheld the students right to purchase the books from tawain and sell them here in the states
    {{ DiscussionBoard.errors[9846874].message }}
    • Profile picture of the author Importexport
      Originally Posted by Monkmoney View Post

      Sorry but no matter where you buy an item the supreme court upholds the first sale law..that its yours to keep sell or trade, so of its not a fake item you are ok.

      You do NOT need to be an authorized dealer..it is the conpanies responsibility to control their distribution by who they choose to partner with.

      If a company doesnt want evetyone selling their goods, they usually will than enter a contract with the distributor not to wholesale to anyone..only people meeting certain requirements

      However that does not stop someone from buying an item at walmart and reselling it for more..or finding a less strict wholesaler who doesnt follow rules..the person in trouble at that point is the distributor for break contract

      Such as the case of a studentvselling cheaper college books he sourced from tawain to the us..the books were legally distributed to.tawain and thus not fakes or copues so the supreme upheld the students right to purchase the books from tawain and sell them here in the states
      The Doctrine of First Sale that you refer to only applies if the goods are purchased from a supplier who is legally entitled to sell those goods in the first place. It matters very much where or from whom you by the goods.

      If they are bought from a supplier who is not entitled to sell them in that location, they have been illegally sold and consequently the Doctrine of First Sale is irrelevant.

      In most cases where genuine products are purchased in China, they have been sold by suppliers who are not selling legally.

      I am not offering legal advice, but intending importers should beware of taking the risk unless they are absolutely certain that the Doctrine of First Sale applies in their case.

      Warriors interested might like to see my thread: Is There A Legal Way To Import Big Brands
      Signature
      Use emotions and perceptions to build a great brand. Ask me about my book LabelsThatExploit. For safe sourcing and easy importing from 41 countries globally, see https://provenglobalsourcing.com
      {{ DiscussionBoard.errors[9846995].message }}
  • Profile picture of the author bizoppmaster
    If you sell counterfeit products, you could end up in jail. I wouldn't mess with it.
    Signature
    (4) Spots Left For Private Coaching | TheProfitCoach.com | Skype: jon.mac303
    [URL="http://theprofitcoach.com/facebook/"]
    {{ DiscussionBoard.errors[9874194].message }}
  • Profile picture of the author AadhyaMehra
    Banned
    [DELETED]
    {{ DiscussionBoard.errors[9918042].message }}
    • Profile picture of the author Importexport
      Because there seems to be a lot of confusion or ignorance about the possibility of importing big brands, whether directly or via dropshipping, I have posted a detailed article on the subject.

      You can find it here:Is There A Legal Way To Import Big Brands

      Please note that the article covers products protected by Trademarks, Design Registration, Patents, or Copyright.
      Signature
      Use emotions and perceptions to build a great brand. Ask me about my book LabelsThatExploit. For safe sourcing and easy importing from 41 countries globally, see https://provenglobalsourcing.com
      {{ DiscussionBoard.errors[9919106].message }}

Trending Topics