Legal Question in Business Law in California
Hi!
I want to start a women's clothing boutique and have a legal question.
Is it legal for me to buy clothing from sample sales and then resell it in my boutique?
1 Answer from Attorneys
Your question may be a bit too industry-specific for the average business lawyer to address. What is a "sample sale" in the rag trade? To me, it conjures up notions of somewhat shopworn merchandise that has been in a traveling salesman's inventory for several months, and then is sold at a big discount, perhaps with the labels snipped off. I would say inquire of the sellers at the sample sales whether the sale is made subject to any restrictions on re-marketing. There may be, but I sure don't know. I do know, however, that high-end clothing designers and manufacturers are very fussy about who retails their trademarked items.
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