Legal Question in Business Law in California

Re: Is it legal!!!!

When you are reselling trademarked goods, your rights may be subject to limitation by your source. If the designer or her manufacturer licenses you to sell the product at such-and-such address, or on so-and-so's auction site, but not elsewhere, such a limitation on your reselling rights is probably enforceable.

(You may wonder how this can be so, since many people re-sell used items via classified ads, at garage sales, or on eBay. Re-selling as a merchant in the chain of distribution is legally different from re-selling as an end user of one item that you originally bought for your own use.)

You therefore need to review your agreements under which you purchase these items in the first place. If the designer or her agents have imposed limitations, observe them.

I'm here assuming that you are part of a legitimate distribution channel. If the goods are genuine but you acquire them outside established and approved distribution channels, or if they are copies, what you are doing is at least highly suspect and probably either a violation of law for which you could be punished criminally or a violation of the trademark owner's rights, for which you could have civil liability.

Re: Is it legal!!!!

OOOooooh, you are treading on v e r y thin ice, pal. Any, any any any any any any use of a registered trademark or logo for profit or any other purpose than news-gathering, reporting or other statutory or common law exceptions, is dangerous without written consent or licensing from the owner. If the designer does not know about your sales, and you are not paying license fees or commissions to the designer or licensee, then you are counterfeiting or infringing the designer's trademark and subject to criminal as well as civil liabilities.

You best write the designer for permission or immediately stop your sales.