Here is the scenario, a brand name item is purchased from a major US retailer and purchased within the US. For simplicity sake, lets says its a t-shirt, its genuine and the item carries no warranty. Its taken home and listed on ebay without any changes to the item, ie it is never used. Question - Can this item be marketed and sold as New. Please support your answer by citing similar cases. Please be aware Im not asking if I have the right to sell this item, this is not a question regarding the first sale doctrine. The question centers on how the legal system defines an item as new and how buying an item at retail and reselling might affect that distinction. Im also interested in purchasing a formal opinion from the right expert.