Is it legal to buy name brand clothing from stores and resell it online?

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Is it legal to buy name brand clothing from stores and resell it online?

I am considering starting an online store where you can buy name brand clothing at a discounted price. I would do so buy purchasing clothes from discount stores for a low price, then reselling the clothing on my website. Is this legal or do I need permission from the clothing companies themselves?

Asked on May 11, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not represent yourself (even implicitly) as being an authorized reseller or agent, etc., of those companies, it would be legal, so long as in buying the clothing, you did not sign or otherwise agree to any agreement to not resell them.

You also need to be careful of not using the brand name clothing companys' logos or trademarks without permission. So, to use an example: say you buy and resell "Lee" jeans. You can list them as  jeans from the Lee Jeans company on your website, but do not use the actual "Lee" logo--that particular script way they sign their company name.


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