Legal Question in Legal Ethics in India

If i buy major Indian and international branded clothes from a distributor with a bill , to re-sell in my store , and later there is a raid from the brand ,and it is found that some clothes are fake , is it my fault or the distributor's fault ? and who will be legally prosecuted ?


Asked on 7/21/13, 9:17 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

22.07.2013

Dear Sir / Madam,

It is you who runs your business and not the brand promoters, say "Nike". There is no hard and fast rule in today's World that you should only store Nike products in your shop / showroom. You can choose to simultaneously store products like shoes, clothing and other accessories of Indian Companies like Bata, Carona, Paragon, Regal and Swoosh in your shop. As far as the issue of original and duplicate goes, if at all the brand owner is ever able to distinguish and decipher original products from duplicates, both, you and the distributor remain accountable and answerable to the Company.

Regards,

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Answered on 7/21/13, 10:36 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

You and distributor, both may be held liable.

Thanks & regards

Adv Rajiv

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Answered on 7/21/13, 10:41 pm


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