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anyone know the law surrounding selling branded goods...?

4 replies

SpanishFly · 14/02/2020 10:23

I'm a bit confused about this.
I have googled, and seem to get slightly conflicting opinions...

I have a (small) online gift shop, and up till now has been selling personalised items (eg water bottles, dream catchers, door plaques etc etc), and also a few gift items that I buy wholesale and sell on.

However, I would also like to sell a few branded handbags that are brand new and tagged (I bought them in a sale and would only be looking to make a few pounds profit on each) - but what are the rules surrounding this?
My gut says it is the same as selling them on ebay, so wouldnt be a problem - i.e. they are now my property and it is up to me what I do with them. But is this correct, or is there more to it, when it's from an online shop?
For context, the shop is on facebook and has around 700 followers. I am based in Scotland, but the shop is online. And lastly, the bags aren't from a high street store - they are sold in gift shops. I did approach them about becoming an authorised seller, but they aren't taking on any new wholesale contracts at the moment.

Any guidance would be appreciated - thanks.

OP posts:
ComtesseDeSpair · 14/02/2020 10:44

A trademark is exhausted at the point of sale within the EEA and you may do as you wish with them assuming they are authentic and were purchased within the EEA in the first place. As long as you aren’t claiming to be an authorised or accredited seller for the brand and aren’t displaying the brand logos on your website, you can resell - you do need to make it very clear that you’re not an authorised seller as this is what big brands do sometimes go after sellers for. You also need to be able to provide evidence that the bags are genuine if you’re selling them as such, if you were challenged - this could be receipts from when you bought them or an official certificate of authenticity from the manufacturer.

In reality, I’m assuming these aren’t high-end designer Gucci, Prada, Louis Vuitton bags etc that are widely faked and undersold and whose brands are incredibly litigious. I can’t imagine you’d be even asked if they were authentic.

SpanishFly · 14/02/2020 10:50

Thanks so much. No they're not high value at all. So if I post photos of the bag and tags (and the gift bag with the brand name on it too), then there shouldn't be any problems?

OP posts:
ComtesseDeSpair · 14/02/2020 18:43

Yes, that’s fine - just state that they’re overstock or one-offs and that you aren’t a recognised retailer of said brand.

SpanishFly · 15/02/2020 08:44

Thanks so much- I appreciate it 🥰

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