What is the legality of the retail sale of name brand clothes without the expressed consent of the company whose name is on the products?

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What is the legality of the retail sale of name brand clothes without the expressed consent of the company whose name is on the products?

What is the legality of the retail sale of name brand clothes without the expressed consent of the company whose name is on the products? For instance, if I went into a GAP store at the mall and purchased 5 items of the same style, went home and placed them for sale online, would that be legal?

Asked on April 10, 2012 under Business Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The bottom line here about selling a manufacturers items woth out their pemission or consent is that you are always taking a risk when doing so.  Ebay has a set of rules regarding this and you should familiarize yourself wih what you can and can not state in your lisiting.  Also know that if your listing in objected to by the GAP parent company it may be shut down.  Every opportunity has its pitfalls.  Good luck on your endeavors. 


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