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.
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.
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8 lawyers agree
Patent Application Attorney
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.
5 lawyers agree
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.
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Intellectual Property Law Attorney
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.
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Intellectual Property Law Attorney
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.