Can I Stop People Reselling My Business’ Products?

If you’re seeing your products pop up on marketplaces or in stores you don’t recognise, it’s natural to ask: can I stop people reselling my business’ products in Australia?

The short answer is: sometimes-depending on your legal rights, how the products were sourced, and what contracts you have in place. In many cases, “parallel imports” (genuine goods imported and resold without your permission) are allowed in Australia, so the strategy is less about an outright “ban” and more about building the right legal and commercial controls.

In this guide, we’ll walk through what the law actually says about reselling, when you can take action, and how to set up practical protections so you keep control of your brand and distribution channels.

What Does “Reselling” Mean In Australia?

Reselling broadly covers any scenario where a third party buys your genuine products (from you or a distributor) and then sells them on-whether that’s through an online marketplace, a discount store, or a wholesale channel you didn’t approve.

In Australia, reselling genuine products is often lawful. Generally, once you sell a product, the buyer can resell it (this idea is sometimes called “exhaustion” of rights). This is why resell products in Australia is a common, legitimate business model-provided the goods are genuine and the reseller complies with consumer laws.

However, that doesn’t mean you have no control. You can normally set rules for your authorised distributors and retailers through contract. You can also act where the reseller steps over legal lines (for example, by infringing your trade mark, misleading customers, or selling unsafe or non-compliant goods).

When Can You Legally Stop (Or Limit) Resellers?

While there’s no general right to stop all resales of genuine products, there are several situations where you can act.

1) Counterfeit Or Misleading Branding

If products are counterfeit, altered, or presented in a way that confuses customers about their origin, you may have claims for trade mark infringement and misleading or deceptive conduct under the Australian Consumer Law (ACL). You can also object to use of your product images or branding if they infringe copyright.

2) Misrepresentations About Your Brand Or Warranty

If a reseller falsely claims to be “authorised” by you, or misrepresents your warranty or product features, that can breach the ACL’s rules on misleading conduct. This is where having clear brand guidelines and approved marketing assets helps you enforce standards and protect your reputation.

3) Safety, Recall Or Regulatory Issues

Where goods are subject to a safety recall, have compliance labeling requirements, or need to be sold with specific warnings or instructions, you may have grounds to demand removal until the reseller meets those requirements. Your contracts should also require cooperation with recalls.

4) Restricting Authorised Partners (Via Contract)

If a reseller is a distributor or retail partner who agreed to your contract terms, you can usually enforce those terms (for example, territorial restrictions, sales channels, or brand standards). Without a contract, your ability to control their conduct is much more limited.

5) Trade Mark Use That Goes Too Far

Resellers can often use your trade marks in a descriptive way to sell genuine products. However, they cannot use your marks in a way that implies an official partnership or suggests they are your business. Overuse of logos, “official” claims, and domain names that mimic your brand are common red flags.

What You Can’t Do: Competition Law Traps

It’s important to stay on the right side of Australia’s competition law when you try to control downstream sales.

Resale Price Maintenance (RPM)

Under the Competition and Consumer Act, RPM-where a supplier attempts to set or control the price at which independent retailers resell goods-is generally prohibited. This includes setting minimum resale prices, refusing to supply because a retailer discounts, or pressuring retailers not to advertise below a certain price.

This means “minimum advertised price” (MAP) policies, common in other countries, are risky in Australia if they effectively set a minimum price. Seek advice before implementing any pricing policy across your network.

Exclusive Dealing Concerns

Exclusive territories, channel restrictions and selective distribution can be lawful when drafted carefully. However, tying supply to conditions that substantially lessen competition can be problematic. This is another area where custom contracts and sound legal strategy matter.

Practical Strategies To Control Resale Channels

You can’t block all resales of genuine goods, but you can take smart steps to direct sales into channels that protect your brand and customer experience.

Build An Authorised Reseller Program

Set eligibility criteria, onboarding, and compliance requirements for partners (e.g. channel restrictions, quality standards, approved marketing). Back this up with a properly drafted Reseller Agreement so you can enforce the rules.

Use Tiered Distribution Agreements

For wholesalers or master distributors, use a tailored Distribution Agreement with clear territory, channel and sub-distribution controls, along with audit rights, brand usage rules, and recall cooperation clauses.

Tighten Your Terms Of Sale

If you sell direct to retailers or even end customers, include restrictions on commercial resales, brand use, and marketing claims in your Terms of Sale. For consumer-facing terms, ensure restrictions are reasonable and avoid unfair contract terms (more on that below).

Plan For Unfair Contract Terms (ACL)

If your standard form terms are used with consumers or small businesses, the ACL’s unfair contract terms regime applies. It’s crucial that resale restrictions are proportionate and clearly justified. A quick unfair contract terms review can save costly disputes later.

Protect Brand Assets And Product Content

Registering your brand gives you stronger leverage. It’s wise to register your trade marks (name/logo) and control usage via brand guidelines. You can also restrict use of your copyrighted images, manuals and product descriptions in partner contracts and platform reports.

Track And Trace

Serial numbers, batch tracking, and selective packaging can help you trace leaks in the supply chain. If a particular distributor is feeding grey channels, you’ll have evidence to enforce the contract or reconsider supply.

Set A Service-Led Value Proposition

You can’t force independent retailers to sell at a certain price, but you can incentivise customers to buy from authorised channels (e.g. extended support, bundles, or loyalty benefits). Just make sure any warranty and benefits you offer are clear and comply with the ACL.

Step-By-Step: What To Do If Someone Is Reselling Your Products Now

If you’ve discovered unexpected listings or a new store selling your products, here’s a practical path to follow.

1) Confirm What’s Being Sold

• Purchase a sample (if feasible) to confirm the goods are genuine, whether packaging or accessories have been altered, and what claims the reseller is making.
• Capture evidence: screenshots, product pages, price history, and any “authorised seller” statements.

2) Assess Your Legal Basis

• Is the seller a current or former partner who’s bound by a contract? If yes, check their obligations and any notice or cure processes.
• Are there trade mark or copyright misuses (e.g. logo use suggesting affiliation, copied photos/manuals)?
• Are there ACL issues like misleading claims, false “official” status, or improper warranty statements?

3) Choose The Right Action

• Platform report: Many marketplaces have brand protection tools for trade mark, copyright or counterfeit abuse.
• Contract enforcement: Send a formal notice referencing the relevant Reseller or Distribution Agreement obligations.
• Legal letter: Where there’s no contract, a targeted letter addressing trade mark misuse, misleading conduct or copyright infringement can still be effective.

4) Fix The Upstream Cause

• Audit supply chain leakage and update agreements to close gaps (e.g. bans on unauthorised sub-distribution, stronger audit rights).
• Improve markings, tracking and channel controls to make future enforcement easier.

5) Settle And Move On (If Appropriate)

• Many disputes resolve with a short undertakings letter (stop using the logo, remove “authorised” references, cooperate with recalls).
• If money or stock returns are involved, consider formalising resolution terms in a Deed of Settlement for certainty and confidentiality.

Key Legal Areas To Get Right

Even if you can’t ban all resales, you can put strong guardrails around your brand and customer experience by getting the fundamentals right.

Australian Consumer Law (ACL)

The ACL applies to you and to resellers. You can’t mislead customers about product features, affiliation, or warranties. You also need to ensure that any warranties you advertise are clear, accurate and work alongside the non-excludable consumer guarantees.

If you provide a voluntary warranty (beyond the ACL guarantees), adopt a compliant Warranties Against Defects Policy so both authorised partners and customers know exactly what’s covered and how to claim.

Trade Marks, Copyright And Branding

Register and actively manage your brand assets so you can act quickly against misuse. Consider a trade mark watch service and keep tight control over official brand kits and approved image libraries for partners.

Competition Law (Price And Channel Controls)

Avoid RPM and be careful with network-wide pricing “policies” that set a floor price. Channel and territory restrictions can be legitimate when drafted well-focus on quality and brand standards rather than price-setting.

Contracts And Platform Rules

Contracts are your best tool for partners you supply directly. For marketplace sellers you don’t know, platform IP and counterfeit policies are often the fastest way to secure takedowns when the listing crosses a legal line.

What Legal Documents Will Help?

Putting the right contracts and policies in place early makes all the difference. Depending on your model, consider:

• Reseller Agreement: Sets channel rules, brand standards, warranty messaging, recall cooperation, and IP usage for authorised sellers.
• Distribution Agreement: Defines territory, sub-distribution controls, reporting, audit rights, and termination for your wholesalers.
• Terms of Sale: Adds resale restrictions, marketing guidelines and IP rules to direct B2B or D2C supply terms.
• Trade Mark Registration: Strengthens your ability to stop counterfeit or misleading brand use across websites and marketplaces.
• UCT Compliance Review: Ensures your standard terms with consumers or small businesses don’t fall foul of the unfair contract terms regime.
• Warranties Against Defects Policy: Provides a clear, ACL-compliant voluntary warranty document for partners and customers.

Not every business needs all of these, but most brands that rely on channel partners will benefit from several. The key is tailoring them to your products, sales model and risk profile.

Key Takeaways

• You generally can’t ban all resales of genuine products in Australia, but you can act against counterfeits, misleading claims, and misuse of your branding.
• Competition law matters: avoid resale price maintenance and be cautious with pricing or channel policies that could reduce competition.
• Contracts are your strongest lever-use Reseller and Distribution Agreements, plus tight Terms of Sale, to set and enforce channel standards.
• Protect your brand assets early by registering trade marks and controlling how partners use your logos, images and product content.
• Make sure your warranties and marketing are ACL-compliant, and use platform IP tools for fast action against problematic listings.
• If an issue pops up, verify the goods, gather evidence, choose the right enforcement path, and fix any supply chain leakage to prevent repeats.

If you’d like a consultation on managing resellers and protecting your product distribution in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.