Is it illegal to rebrand private label items?

To be clear, and before I say anything else, I already know this is not allowed and have no interest in doing so. I am just wondering if it is against the law. This is not an area I have any experience with, and I’m not sure how big a deal to make of someone doing this.

A seller buys a generic item and private labels it. Another seller buys the private labelled one and repacks it in their own private label, rather than importing it from alibaba themselves I suppose.

Is the second seller breaking any laws? Once a generic item is “owned” by a brand, does it no longer have the same status as a generic item as when it was unbranded?

(I am assuming this is completely illegal top to bottom, but I don’t actually know for sure.)

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Are you referring to this one?

https://sellersasksellers.com/t/your-brand-or-my-brand-who-knows/1238?u=lost_my_marbles

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No law that I know of. I mean the first seller is buying from alibaba are rebranding too.

Amazon policy is not law though

I don’t know that the first seller is getting it from Alibaba. They could be getting it from one of the overseas manufacturers that mass produces generic stuff and branding it themselves as the first brand to touch those items. I just know that they are originally produced as generic and then branded, and then purchased and rebranded.

Actually, no. I have a real world issue with someone doing this and me trying to stop them.

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I think in the private label liquidating world this does happen - no law against rebranding something or repackaging it as long as implicit warranties are met with the rebranded SKU - essentially its like a manufacturer refab - and unless its electronics - is a brand new item contingent upon rebrand process

Hmm. Alright. Not the answer I was hoping for but so be it.

That’s still rebranding though

I share the belief that it is legal and permissible.

Way back when we were buying generic computer products from Taiwan, we did this all the time. We trashed the private label packing, and packaged it ourselves, We provided our own warranty.

Landed cost was lower than importing from Taiwan in the same quantity. Lead times were shorter. The private labeler we were buying from loved us - we helped him keep his volume up.

My lawyer did not object, and she objected to a lot of things we did, including the terms of distribution contracts we signed.

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Maybe, it would depend on the product. Essentially, when you put your brand on something (even if rebranding), you become in the eyes of the law, the manufacturer. With all the duties, liabilities, rights, privileges, obligations, and responsibilities that come with it. The first and obvious question that needs to be asked is Intellectual Property being infringed upon? Not only patents, and Registered Trademarks, but also copyrights and trade dress. If the rebranded product looks too much like the original product then you might be violating the law. Next question is are you able to comply with all laws? Such as labeling…, example a simple shirt. You have cut the tag off a shirt and sewn your own tag in, great is the textile sourcing correct, can you prove through the legally requisite documentation, that it is what you say and from where you say? In this example, probably not, so you’ve likely broken several Federal Laws. Let’s take a duvet or pillow, you just rebranded it. You are violating Federal Law, since you removed the tag that can’t be removed under Federal Law except by the consumer.

But let’s for example take a Chiquita banana or Bostitch Staples. We pull the sticker off the banana and we slap on our Chango sticker, no law broken. We take the staples out of the Bostitch Staple box and put them in our Remington Steele’s Premium office staples box. Again no laws have been broken.

So, it really might takes specifics and a competent attorney or legal team to determine if it is legal.

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I see it all the time on Amazon.

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:roll_eyes: :roll_eyes: :roll_eyes:
:man_facepalming: :woman_facepalming: :person_facepalming:
OMG

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These guys are FBA … :eyes::eyes::eyes::eyes:

How did they get this brand into Brand Registry?

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I like the “400+ bought in the last month” part.
Geeeeeeeeez.

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looks like they branded it Murai

Murai has a bunch of rebranded listings.


They are not the only sellers doing it; there are dozens of these well know products being sold under a different brand… :face_with_raised_eyebrow:



This one even managed to get ‘TM’ in the listing title. :person_facepalming:

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Oh don’t get me wrong, I don’t like it, but nothing illegal unless it is a very special category like medications.

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Fair enough. Ill let a lawyer look into it but assume that its not illegal for now.

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When I applied for my trademark, I had to submit a picture of the brand permanently attached to my product.

SO – if you remove my permanent branding and put your own brand on my product, I would have to do a test buy, and then sue you in court where YOU live. Not where I live…but where you live.

If it’s YOUR brand, then you should control the distribution of your items or the supply of your items, so stop selling to them.

If it’s the Chinese factory – then that’s another whole different issue.

Switch and list.

show one thing to Amazon, and then apply the brand to whatever you like.

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Maybe it’s the uniqueness of the combination of the items that lets them put it under their brand (so to speak). Does “Coco-cola” sell that combination under a certain UPC?

I’m looking at this all and thinking who would want to ship a can of soda period – won’t it explode when it gets shook up too much?

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