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

UPDATED: May 4, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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