A note regarding Costco: I am recalling noticing in past at least one time when I was at a Costco cash register waiting to check out, someone rolled up to a neighboring register with considerable multiples of something, and that cashier asked “Will that be for resale?” (or something like that.) I have no clue what followed the question…
At that point, the customer will present the paperwork necessary not to pay sales tax.
Understood - thanks
I remember reading that one small bookshop owner said she went to Costco to stock up on the Harry Potter books because she couldn’t get them that cheap from the publisher.
There’s good money to be made buying bulk OEM pack of Windows or Office and selling individually on Ebay or other markets.
Ebay requires a piece of hardware with the sale. An old junker hard drive is the most common or even a junk video card. Seems like lately Ebay insists on a hard drive that goes with the sale. It CYA to meet Microsoft’s OEM requirements.
As mentioned by someone else, the First Sale Doctrine generally protects your ability to resell goods without violating the protected rights of trademark holders. However, the only claim were the First Sale Doctrine may be at play here is trademark infringement, which appears to be the weakest in the complaint. Nonetheless, I can see trademark dilution and unfair competition surviving pre-trial motions, particularly in light of Hallatt’s use of the name “Pirate Joe’s” (and the subsequent “Irate Joe’s”). According to the article:
Overall, it appears that the lawsuit stems not so much from Hallatt’s reselling of products as it is about his use of a name that closely resembles the trademark (“Trader Joe’s”) and the alleged dilution of the mark. The OP can buy REI products from their retail stores and resell them in “Morbo’s Outdoor Goods.” But the OP risks a potential infringement of the trademark holder’s rights if he names his store “RIE,” “RAI,” or any other closely-related derivative that may appear to create a dilution of the REI trademark.
Thanks for the replies everyone!
Heh.
“Do you take Discover?”
“I WILL DESTROY YOU!”
“I bet those Windmills keep your store cool!”
“WINDMILLS DO NOT WORK THAT WAY! GOODNIGHT!”
Kirkland coffee was available at a coffee shop in Esfahan, Iran when I was there in 2011. There were several cans of it on the shelf behind the counter. I am quite sure that Costco does not have any stores in Iran.
Unless it was a very tiny bookstore, they could get them that cheap from the publisher, but only if they pre-ordered. Costco bought tons of them and put them out at cost as a loss-leader, so there were also a lot of stores that ran out and just bought boxes of them from Costco to restock. Costco’s price was actually a bit below what distributors were charging.
[quote=“Gary “Wombat” Robson, post:29, topic:666436”]
Unless it was a very tiny bookstore, they could get them that cheap from the publisher, but only if they pre-ordered. Costco bought tons of them and put them out at cost as a loss-leader, so there were also a lot of stores that ran out and just bought boxes of them from Costco to restock. Costco’s price was actually a bit below what distributors were charging.
[/QUOTE]
Appropriately enough for this thread, a retailer’s sale of books below the publisher’s designated price was the event that led to the articulation of the first sale doctrine by the US Supreme Court, and which was later codified by Congress.
Nothing important to add but the linked article said:
(Bolding mine.)
I used to live near and work in the same shopping center where that particular Trader Joe’s opened. Oh the college years! Cool.