Legal Question in Intellectual Property in California

open for famous designer brands retail shop

I am thinking about opeing famouse designer brands retail shop. Should I have to have authorized dealer license to open business or as long as I import authentic designer brands from authorized shops from another country(Italy) -(Parallel Import), is it okay to open my business?

Will manufacutres of designer brands track me down to shut my business down? because I do not have authorized license?


Asked on 3/07/07, 6:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: open for famous designer brands retail shop

You don't need licenses from the manufacturers (or trademark owners) to open your business in the literal sense. However, most manufacturers and trademark owners have well-established distribution channels at the import, wholesale and retail levels, and they monitor who is reselling their products to a greater or lesser extent, some more carefully than others. Many of them will take prompt legal action to prevent your use of their trademarked brand name in your advertising and/or to prevent you from handling their goods at all.

Yes, trademark law does allow them to do this. No, it does not matter that the goods you'd like to sell are genuine and that you obtained them legally (or at least you did nothing wrong when you purchased them, although your source may have breached a contract with the trademark owner).

The bottom line is that you will be in for protracted and expensive legal battles with those big-name manufacturers if you try to retail their products without being a fully authorized and licensed retailer.

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Answered on 3/07/07, 9:43 pm


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