Repackaging and Reselling a Product

[MakingApenny]

My question involves business law in the state of: utah
hello and thank you for your responses.
Is it legal to take a huggies diaper and some wipes, put into a new package, new name, list contents(but not the content manufacturer), and resell?
I have seen Koala company do something like this but, I would like to use different brand of products in the package I put together.

[Mr. Knowitall]

You're talking about selling diapers without any information about the original brand?

Be aware, diaper manufacturers have a lot of patents on their products, and they're fiercely protective of anything that appears to be a patent violation.

[cyjeff]

And if the products included do not have a UPC code, you may be in another kettle.

[KeyWestDan]

Sales of a patented product by a third party does not implicate any patent rights that I am aware of. I have never heard of any case law that said a third party could not purchase a product in the marketplace and repackage it for sales in another way. I have never heard of there being any claim for failure to use someone's trademark, etc.

There are exceptions, if a product is repackaged and sold for a purpose that it is not approved for, there could be safety and health implications, for instance, which could have civil and criminal penalties.

A UPC code means nothing as far as intellectual property. You only need a UPC code if the product is being sold retail. I own numerous UPC codes.

I have not seen any case law on this issue, but chances are anyone doing what you propose who got a cease and desist order from a manufacturer/patent holder would give it up and it would never get to court and to an appeal. I can't imagine anything that would be profitable enough to make something like this survive an court challenge, much less going to the appellant level.