Legal Question in Intellectual Property in California

I purchased some designer shirts and purses at a US Customs abandoned and unclaimed merchandise auction. I'm assuming they must be authentic since Customs did not remove or obliterate the labels/tags. Since I bought them in the U.S. from Customs, is it okay for me to sell them online naming the designer? If not, why would Customs sell them to me in the first place? Wouldn't that be like encouraging someone to infringe on a U.S. Trademark (One of the companies has a U.S. Trademark and is located here and abroad.)?


Asked on 2/08/13, 9:55 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Customs' inaction with respect to labels and tags should not, in my opinion, be taken as a guarantee of authenticity. Indeed, it seems unlikely to me that authentic (i.e., valuable) merchandise would fall into the abandoned and unclaimed category. Further, even if the goods are authentic, this doesn't assure that you have a right to resell them. Many manufacturers of premium goods control the distribution and resale of their products by licensing dealers and other means, and in so doing, they are operating within the bounds of trademark law, which allows downstream marketing control as necessary for quality assurance and brand protection.

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Answered on 2/08/13, 10:23 am


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