Legal Question in Business Law in Florida

Is there any law that would stop me from selling 2nd hand name brand clothing in my resale store , and can I advertise I have these brand names


Asked on 3/16/12, 10:59 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

As long as the brand-name clothing you're selling is actually clothing made by that brand (i.e., not knock-offs, fakes, forgeries, or copies), you should be fine selling the goods and advertising that the goods are indeed from their respective brand names. The first sale of the clothing satisfied the designer's claim to royalties from the sale, and the designer can't sue for trademark infringement if the clothing is indeed one of his/her designs. That about covers it.

Watch out for deals that look too good to be true; for example, even second-hand Vuitton luggage sold for $1 per bag is probably a knock-off, and for selling knock-off forgeries under the Vuitton name you can get into some very, very serious trouble. The same is true of any designer; I use Louis Vuitton merely as an example.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Read more
Answered on 3/16/12, 11:22 am


Related Questions & Answers

More Business Law questions and answers in Florida