Is it legal to buy clothes from retail stores and resell for profit?

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Is it legal to buy clothes from retail stores and resell for profit?

Can I do this outside of original purchased territory?

Asked on May 4, 2011 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is absolutely legal to do this, and to do it regardless of territory, as long as you watch out for the following:

1) Don't commit fraud--that is, don't lie to the store IF there is some policy that clothing is not for resale; if that's the case, then buy the clothes elsewhere, rather than implicitly claim you're not buying them resale when you are. (It's very unlikely this will be the case; just if it is.)

2) Don't imply a connection with the store--you can't lead people to believe that you are in some fashion affiliated with, an agent or representative of, etc. the store when you are not.

3) Don't imply a connection with the clothing design or manufacturer unless there is.

4) Do respect intellectual property--don't use someone's trademark without their permission, for example.


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