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I am going to have a purse party. What type of bags am I allowed to sell?

Orlando, FL |

I have online business. I'm working towards creating my own clothing line. However, in the meantime, I'm interested selling other other items & accessories. What type or brand should I say am I allowed to sell? I'm having a purse party soon and want to sell handbags but need to know what bags are allowed to resell.

Thanks

Attorney Answers 5


  1. I am not licensed in Florida, so this is only a general answer. Hopefully, a FL attorney will also respond on this matter.

    You should be okay to resell any authentic purse that you purchase legitimately. What does this mean? This means that your handbags will be okay to resell if each of the handbags is an officially-branded handbag, and the first sale of each handbag is made through an authorized channel of distribution. Once that first sale is made, then the handbag can re-sold over and over from person to person. However, you are not allowed to sell or resell counterfeit, bootleg, knock-off or illegal handbags that are not authorized to be in the stream of commerce. You are also not allowed to use the trademarks of any brand owners (i.e., in the marketing or promotion of your purse party) or imply any official endorsement of your purse party by the brand owner.

    Who is your supplier of these handbags? There are numerous counterfeits and knockoffs of handbags, so proceed with caution and speak with an attorney if you will be importing handbags from aboard or other unauthorized suppliers.

    The foregoing response is provided for general informational purposes only and is not a solicitation for business. Please retain an attorney if you need specific legal advice. No attorney-client relationship is established until both you and me agree to establish one, and neither transmission of information herein, nor the receipt of such information, constitutes an agreement to establish an attorney-client relationship.


  2. Although Mr. Ford is not a licensed FL, his advice is spot on accurate. You can resell an authentic purse that you purchased from an authorized retailer.

    The answer to this question is for informational purposes only and does not form an attorney-client relationship.


  3. I agree with the others. So long as you are selling real authentic merchandise you will not run afoul of the law. Some brands require a proper entry into their line of distribution. While the first sale doctrine protects against infringement claims, you may not be able to qualify the product as "new" without authorization from the manufacturer.

    I would also add that before you launch your own brand you should take care to have a professional conduct the proper due diligence before you make your investment (see my link below for more on this process).

    If you require further clarification, you should consult with a lawyer in private. Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  4. As my colleagues pointed out, it is legal to do retail sales. Retailers are part of an integrated system called the supply chain. A retailer purchases goods or products in large quantities from manufacturers directly or through a wholesale, and then sells smaller quantities to the consumer for a profit. Retailing can be done in either fixed locations like stores or markets, door-to-door or by delivery. Unauthorized sales are illegal. Consult with an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.


  5. My colleagues have already very ably answered your questions. Two additional comments:

    (1) You can sell any products that you lawfully purchase -- even if the person or company from whom you're buying is not one of the product manufacturer's "authorized" distributors. The general rule is that If it's legal to buy then it's legal to sell, no matter what the product manufacturer says.

    (2) If you buy a branded product directly or indirectly from an oversea's distributor it could be unlawful to import that product because it may be "materially different" from the same branded product that's made and sold here in the United States. If it is, then importing and selling that product would be trademark infringement.

    You should consult your own trademark attorney to look into the pedigree of the products that you intend to sell. Good luck.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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