Selling old branded shop clothing after a business sale, is it allowed?

[HangryBrickShark]

I'm selling some new and second hand clothes on behalf of my partners boss who is also a friend of mine.

He and his wife ran a very successful hobbyist shop many years ago. They and their staff both wore branded clothing showing the shops name think 'rabbit hutch' as an example. Plus a name of a product the wife designed and patented herself which has links to the hobby.

Since this time the shop and all the goods and patented goods with the patented name that were in it were sold as a going concern with the new owners keeping the name as it was a very well known and respected namealthough they moved from the shop to smaller premises in another area.

Roll on years later, wife is in a care home, me and another friend were asked if we'd mind helping him off load a load of clothes, some new stock that was never part of the sale of the shop, some of her own clothes which are designer and a load of new branded 'her shops name ' clothes. The latter were deemed of no value and were going to be burnt but we then decided to sell so we are giving away to friend and family in return for a small donation to charity as they are mostly new.

My question is would the new owners be angry if they saw people out and about wearing clothes showing their shops name? Are we breaking laws by doing so. Is this something to do with interlectual property?

I have voiced concern to ladies husband but he seems to think its okay. Just wanted your opinion.

This sounds a bit like a Jo Malone type situation! In the first instance can you contact the shop and see if they’re interested in buying them in bulk? Or ask their opinion on you selling them if they’re don’t want to buy?

Legally is the name trademarked? Who owns the trademark?

How much is a "load"? Are we talking hundreds of garments or 20?

No you can't do this. I know because my family has a workwear company. We have a few million pounds worth of stock that hasn't been paid for or that has been paid for and was never collected for various reasons.

We can destroy it but we aren't allowed to give it away unless the logos are removed.

The husband has contacted them and I think they are coming to have a couple but there's only two staff now and about 35 branded garments, some of which I've already 'sold' for a donation to charity.

Thank you that is really interesting.
I often think about the clothes I've had through work, I have about six or eight jackets and about three polo shirts and four jumpers, branded with five or six different companies which I was given when I freelanced for them.

For the most part I pass them on for my partner to wear at work - self employed (groundsman/gardener).

I suspect most small businesses wouldn’t mind as long as it’s not detrimental to the business because it’s free advertising, do consult them first

It really depends on what the terms of the sale were as to whether you can or can’t. If the new owners take some things your best bet is to ask them if they mind you rehoming in exchange for a charitable donation.