NSW Intellectual Property Matter

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Hustler101

Active Member
1 June 2020
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Hi,

I'm trying to sell an online subscription box of 10ml bottle perfumes from a designer branded selections. For instance; if I bought a 100 ml bottle of designer perfume at $130 and decanted it into 10 ml bottles and sold them for $13 apiece in a package with my branded logo on the 10ml bottle and my company logo on the outside box, would that be legal?

considering I will be selling a branded full designer perfumes on the same website to give potential customers the ability to select their preferred brand while they setting up the monthly subscription, will that be an issue?
I have attached a blueprint file for your reference Please advise if you can, I have been trying for a while to find answers Cheers,
 

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Tim W

Lawyer
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28 April 2014
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Hi,

I'm trying to sell an online subscription box of 10ml bottle perfumes from a designer branded selections. For instance; if I bought a 100 ml bottle of designer perfume at $130 and decanted it into 10 ml bottles and sold them for $13 apiece in a package with my branded logo on the 10ml bottle and my company logo on the outside box, would that be legal?
No

considering I will be selling a branded full designer perfumes on the same website to give potential customers the ability to select their preferred brand while they setting up the monthly subscription, will that be an issue?
I have attached a blueprint file for your reference Please advise if you can, I have been trying for a while to find answers Cheers,
Doesn't matter, because the answer to the above question is "no".
 

Atticus

Well-Known Member
6 February 2019
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I'm trying to sell an online subscription box of 10ml bottle perfumes from a designer branded selections....... would that be legal?
Do you plan on getting the express (contractural) consent of the manufacturers?....That would have to be the first step in making it legal
 
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Hustler101

Active Member
1 June 2020
7
0
31
No

Doesn't matter, because the answer to the above question is "no".
What if these 10ml bottles have the actual branded designer perfume name and logo on them, would that make it legal
as the plan is to buy wholesale perfume brands, then repackage into 10ml bottle to provide the potential customers with an option to try expensive brands on a low budget before marrying to a whole bottle. The website will have a section to sell these whole bottles as well.
the potential customer will have an option on buying a small quantity to try like the 10ml, or a whole bottle
 

Hustler101

Active Member
1 June 2020
7
0
31
Do you plan on getting the express (contractural) consent of the manufacturers?....That would have to be the first step in making it legal
Yes, I do.
the second option would be placing these designer brand names on the 10ml bottles after obtaining their permission as I will be buying wholesale perfume from these brands.

as the plan is to buy wholesale perfume brands, then repackage into 10ml bottle to provide the potential customers with an option to try expensive brands on a low budget before marrying to a whole bottle. The website will have a section to sell these whole bottles as well.
the potential customer will have an option on buying a small quantity to try like the 10ml, or a whole bottle
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You're going to need their consent. If you re-brand without consent, you'll be breaching their trademark passing off their goods as your own. If you use their brand without consent, you'll be breaching their trademark for using it without permission.
 
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Hustler101

Active Member
1 June 2020
7
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31
You're going to need their consent. If you re-brand without consent, you'll be breaching their trademark passing off their goods as your own. If you use their brand without consent, you'll be breaching their trademark for using it without permission.
Thank so much.
Well, i guess i will need to get their permission in both cases, that's good news so far. Its starting point
Thank you