Merchandise is whatever can be sold.

Explanation

(English-origin maxim.) The legal definition of merchandise is broad: anything capable of being bought and sold in commerce qualifies, regardless of its physical form or character.

Where this applies

• A court must decide whether digital software licenses count as merchandise for purposes of a sales tax — since they can be bought and sold, they qualify.
• A city tries to exempt professional services from its merchandise tax, but a company that packages and sells consulting reports as a product argues those reports are merchandise because they are sold in commerce.
• A dispute arises over whether livestock at an auction qualifies as merchandise — since the animals are offered for sale, they meet the definition.