I have had, in my mind, a brilliant idea. I have come across a website called "Shopify," and you can create your own store and sell items of your choice. From looking at it, it's almost as if they think you're selling new clothes, but I want to sell used clothes. I want it to be a "second-hand store" kind of website. My friend, Maggie, and I are co-owners, but I need legal advice on what I'm going to have to do/pay to resell these items as a business. Can I say "H&M T-Shirt?" if my website clearly states that I'm reselling them? How can I make my dreams of opening my own business a reality?
This is not a risk-free endeavor. Logo items Like coaches two ccs, or The H&M on the shirt are registered trademarks and you cannot use them commercially. You can certainly say that the item is used and who it is manufactured by. You run more chance of legal Problems if you have a section set up as H&M clothes. But since you can resell clothing, without the trademark you can sell an item as Gently Used Fashion T shirt, manufactured by H & M.
If the shirt is a logo bearing item, you can get in trouble for using the logo to sell the item.
However, if you attempt to make your store "H & M used clothes," you will get sued.
If you sell a wide variety of clothing and occasionally sell a used T-shirt, manufactured by "BRAND" you will most likely not be targeted. However, make sure none of the "manufactured by" items are knock-offs or counterfeit because that will cause you a problem.
If you went with "gently used fashion clothing," with a sub-category T-shirts, and then a photo not featuring a logo, but with the manufactured by designation in the caption you should be safe.
I would not try doing this with companies such as Disney which are very aggressive about enforcing their rights to logo products, characters, etc. You may be well advised to see if you can find out a particular vendor's policy on resale of their clothing. You may find some absolutely do not want it and others don't care as long as it is represented as used.
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
Yes it is legal with the proper checks and balances in place. You can resell items if you ensure that the items are originals and that they were legally purchased from a licensed distributor. You will also need the necessary business licenses. etc. You will also need advice on how to advertise them. See an experiences IP/internet attorney. Good luck.
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