VIC Repackaging Another Company's Products - Legal Under Commercial Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ed Godfrey

Member
22 February 2017
1
0
1
Is it illegal under commercial law to repackage another company's product and resell in smaller quantities for a monthly subscription/membership based business model?

The idea is that you offer a range of other brands products in this market but repackage (using your own package but specifying what product, brand, etc it is) in order to sell in smaller quantities and ship it out as per the order of the customer. is this breaching any laws and if so is there a work around.

Think of it as selling soft drinks by brands such as coca cola and shipping out in monthly doses in your own bottles but specifying if it is cocacola, sprite, etc.

Thanks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,039
830
2,894
Sydney
For one thing, you'll probably be infringing their trademark(s).

I think you'll find that the owners of the relevant brand,
especially if they are a multi-national brand
with deep pockets to fund legal action to protect their IP,
will be vigourous, energetic, and merciless, in their efforts to
stop you from doing this.

You may also find this thread of interest.
 

faustus

Well-Known Member
26 November 2016
34
3
124
For one thing, you'll probably be infringing their trademark(s).

So in a sense, not only does a trademark protect a brand, but also the modality by which it is sold? If the above example is true, if one opens a 2L bottle of coke, pours a portion of into a glass cup and serves it to a customer who has pointed to the word coke you have referenced on your menu, isn't that in a sense, repackaging it and also infringing upon the trademark?

What of a consumer's right that any good they purchase "come with full title and ownership" and "come with undisturbed possession"?