Minnesota  |  Business Law

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2/08/04, 12:42 am

Legal Question


Sale of Authentic Licensed Merchandise by Non-Licensed Company

I run an Internet Store selling clothing. I had tried to purchase an apparel line directly from a vendor but they refused because I don't own one of their franchise licenses. However, one of their licensed franchise owners (confidentially) ordered the items in for me through his store as a favor.

The bottom line is, I now have the authentic merchandise in my possession (Not Knock-offs!). Hard-Rock Cafe T-Shirts would be a good parallel example since selling food, not t-shirts is their central focus and the company I'm concerned with also has clothing sales as a sideline. If you did not own a Hard Rock Cafe franchise but were able to obtain the authentic T-shirts through an undisclosed franchise are there any criminal or civil liabilities for the re-sale of the product? If so, this would seem to fly-in-the-face of capitalism. But then again, some states do it with ticket scalping so who knows?

What disclaimers, if any should I include on the website in reference to the company?

Thanks!


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