Your question is not so straight forward. For example, the Indian distributor may be able to enforce their rights if you attempted to import the product there. I will make an educated guess that any agreement allowing any right to distrubute this product in the US will not allow you to compete in other geographic areas and with other licensed distributors. So without express written permission, this is a very bad idea on its face.
Of course, you are free to negotiate something with the manufactorer but a lot depends on the agreements they already have in set in place.
I think discussing your objectives with counsel is a smart idea, because a lawyer will help evaluate all your options.
All the best,
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
You need to have a distributorship agreement in place. For this you need to work with local counsel. From what you have said, it is very much likely that you will going to breach a distributor agreement already in place in India. However, producers tend to love multiple distributors, so you need to verify whether there is exclusivity. To respond to your question: 'Can i become distributor of MuscleTech in USA start selling here and sending part of my own shipment to Indian and start selling there also?' You can't get around an agreement. Having the authority to sell here does not give you automatically the authority to sell in India, unless your contract provides otherwise. And as for "Can i do this legally?" You need to work with an international attorney and local counsel in India. And as per 'Is there any way around to do this? ' answer is no. And 'Also can i hire an attorney to get me a deal with manufacturer?' Yes, there are plenty here on Avvo specialized in International transactions. Good luck.
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
I agree with the previous posts. The general answer is you cannot get around an established exclusive distributorship agreement. That is why they are in place. The scenario that you mention is common. Many exclusive distributorship agreement have volume and service conditions to be met. Please contact a competent attorney that deals with international transactions.
If it were that easy to work around contracts for exclusive distribution, these contracts would not be worth much.
That said, you might be able to structure your transactions that would (a) work around the contract, or (b) reduce your risk if you violate the contract. Of course, this will most likely be a matter of local law in India, for which you'll need good counsel in India.
We have legal contacts in India if you are interested.
Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.