Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
MY G/F is opening a retail store where she is selling her own handbags and other items such as t- shirts and shoes. What csn she LEGALLY sell? Could she sell ABERCROMBE? or JUICY without being AUTHORIZED???
Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
As far as I know 1) If you own it, you can sell it, but 2) In order to get it, you may need to agree to terms in which you can't sell it.
In other words there aren't any laws that prevent you from selling it (authorised dealers be damned), but there's no legal way to get the items to sell without being an authorised dealer due to all the contracts that stand in between you and the manufacturer.
Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
In a previous business, I used to seel all sorts of brands that I was not a dealer for. They mostly came from overstock and discontinued product sales and auctions. I even sold these products at shows where the manufacturer and other authorized dealers were present.
I think selling a "brand x" product is different than copying that product, manufacturing it yourself and selling it.
Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
I have a friend that has a nail salon and was also selling retail clothing and handbags. She was selling coach handbags, she got them at wholesale from the fashion district in LA, they showed up at her place of business and they told her she could not sell them because she was not an authorized dealer, they threatened to sue her if she did not remove them from her store immediately and that is what she did. I dont know about juicy or others but as for coach she was not allowed to do it.
Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
Quote:
Originally Posted by sunnydayz
I have a friend that has a nail salon and was also selling retail clothing and handbags. She was selling coach handbags, she got them at wholesale from the fashion district in LA, they showed up at her place of business and they told her she could not sell them because she was not an authorized dealer, they threatened to sue her if she did not remove them from her store immediately and that is what she did. I dont know about juicy or others but as for coach she was not allowed to do it.
Bobbie
If she bought them legitimately and have no contract stipulating otherwise, Coach were simply using bully tactics to stop her.
Like "Cease & Desist" letters. Often they are actually "Stop it, we don't like that, but we can't do much more than bark".
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Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
I know that the were legitimate products and she bought them from a wholesaler in the fashion district but I think the issue was that she was not an authorized distributor of their products.
Re: Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers?
Quote:
Originally Posted by Solmu
You don't know that, you just know Coach said she was not allowed to do it. I've seen enough dubious C&Ds that I would never take that at face value.
That is true Lewis, she did stop selling them when they told her to, so it never did come to finding out if fit was true.
Bobbie
I wanted to edit to add that I searched on the internet for such type of court cases and found one that stated in the decision that in fact once you have purchased a product you have the right to sell it and that the you can even use the name of the product to advertise otherwise people would not be able to use such info for selling used cars and other like situations. This was just a decision I found of one case, it could be different for each case I am sure, but it appears to be ok, the case was for fakebake tanning products. I myself would make sure what I was doing was legal by contacting an attorney as that is the only way you would know for sure as I am not a laywer.
Bobbie
Bobbie
Last edited by sunnydayz; October 3rd, 2007 at 08:05 PM.
Reason: adding
This is a discussion about Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers? that was posted in the General T-Shirt Selling Discussion section of the forums.
Is it legal to sell NAME BRANDS that have their own stores or AUTHORIZED dealers? 
