Legal Question in Business Law in California

Hello. The fashion district in Downtown LA sells wholesale clothes in sets of 6. If the set is incomplete, the owners sell the clothes in singles. If I buy the clothes in singles and reform them, would I be able to legally sell them on sites such as amazon or asos.com?Would I need to remove the tags? Thank you!


Asked on 8/26/14, 9:17 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

In general, you are legally entitled to sell any lawfully purchased merchandise assuming the product is legitimate and not "materially different" from what your market would otherwise expect. I don't think anyone can really offer a specific answer here because there is much that is unknown. For example, when you say "would I need to remove the tags?" What tags are you referring to? The labels and branding?

If you are planning to do this as a business enterprise, you would smart to consult a lawyer in private and flesh it out in more detail. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

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.

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Answered on 8/26/14, 9:31 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without disagreeing specifically with anything Mr. Natoli said, I'd point out that a trademark owner can exercise some control over downstream distribution of its trademarked products, e.g., you may need permission from Ralph Lauren to re-sell its branded items in your shop on Main Street in Podunk, Kansas. My suggestion is to get the OK of each seller, or at least ask whether they care what you do with the merchandise. This'll tell you much about whether you are facing a potential legal problem.

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Answered on 8/26/14, 10:04 am


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