removing manufacturer labels before selling on

[Claire B]

Is this legal?

I run my own catering company, and as a sort of side line, would like to start selling children's baking sets.

I have come across some childrens aprons that I would also like to sell, but for various reasons don't want either my customers or my competitors to know who my supplier is. (they are not dodgy by any means, but I have negotiated a good wholesale bulk price and want to keep it all to myself)

So, I would like to remove the label that says 'manufactured by such and such a company'

Is this legal? Or ethical?

Or, if it is neither of the above, should I just do it anyway? (runs for cover)

[fastfences]

Hi Claire B.

I tried to take the Ford badge off my car and replace it with 'Nigel' when I wanted to sell it as my own, but I decided it was a tad wrong.

Of course you can't do that - unless you have permission of the manufacturer - who, more than likely, will not give permission. They may, though, manufacture some FOR YOU under your own label. Try them!!

Cheers, Nigel

[Claire B]

Nigel, are you seriously suggetsing that I sew all those labels back in (all 300 of em!)
:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

[robbie williams]

do you really need to remove the label? As long as you keep to the RRP or below then you should still be able to compete with the supplier (if they sell direct) and I doubt people will be that bothered to check the label and then go out to try and find the supplier.

How much do they sell for?

[Claire B]

The supplier have two parts to their website, one for wholesale orders (with excellent terms) and another for retail. I do stick to the RRP, but obviously make a profit on it, thankfully.

My main concern is that my competitors are watching my every move (as I do theirs) so I don't want to give away preciious information too easily.

Of course I know really, that removing labels is a no-no, (so wouldn't ever dream of doing it :lol: ) but just thought I'd pose the question.

Interesting idea about having my own label added at point of manufacture, might follow that up....thanks guys!

now, where did I put that thimble.........

[SillyJokes]

The supplier have two parts to their website, one for wholesale orders (with excellent terms) and another for retail.

Now you see this is where wholesalers are conflicting with their retailers and perhaps getting a bit greedy. They can represent unfair competition.

Claire, your competition will be watching you and if you are successful they will copy you, but you have to live with it to an extent and just keep thinking about the next thing you are going to do for your business.

Unfortunately the web means that competitors can more easily spy on you and keep up but you can also keep one jump ahead.

Good luck with your venture.

[cjd]

Unless you've signed a contract with the wholesaler that forbids you relabeling them, the aprons are legally yours once you've bought them and you can do what you want with them.

Unless I'm missing something?

[Rob Holmes]

Personally I'd just get the manufacturer to put something different on the labels - have them branded for you with your web address on them.

From my small experience this is normal.

Rob

[fastfences]

Nigel, are you seriously suggetsing that I sew all those labels back in (all 300 of em!)
:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Aha! Your enquiry detailed that you were thinking of removing them. Must have done it between postings :wink:

the aprons are legally yours once you've bought them and you can do what you want with them.
Unless I'm missing something?

The aprons are the intellectual property of the original label owner and as such he is entitled to the 'rewards' (whether by recognition, opinion or financial) of his/her work. Certainly, once one has purchased the item, they can 'do what you want with them' for their own pupose. The rules change, however, if the owner chooses to sell the product by misrepresentation, where quite clear legal remedy may be obtained.
This, you may now recognise, is tantamount to affixing a Gucci label to a generic item puchased at Tesco.

Cheers, Nigel

[Spire]

Hi

Well I used to sell welding products as part of my service and repair bussiness and I always used to remove the labels were ever I could whithout damageing the products, I did it for getting on for 17year without any come back, I did not sell them as my own I just sold them as is , no 1 ever queried it or ever even mentioned it.

[Claire B]

so are we saying that it should be ok for me to remove the labels, then sell them on, providing I don't try to claim that I manufacturerd them myself?

cheers for your input veryone

[cjd]

This, you may now recognise, is tantamount to affixing a Gucci label to a generic item puchased at Tesco.

Cheers, Nigel

Well not really! I think that's called 'passing off'. You're not exploiting someone elses brand. Anyway I'm no lawyer so you should ignore me ;-)

Pragmatically, no-one is going to notice;
if they do notice they're not going to care as they've made a sale;
if they both notice and do care, they'll just ask you to stop doing it:
if you want to continue despite them noticing and caring, their remedy is to not supply you.

Can't see a problem really......

[Enigma121]

so are we saying that it should be ok for me to remove the labels, then sell them on, providing I don't try to claim that I manufacturerd them myself?

cheers for your input veryone

I'm not an expert in clothing regulations but...

Almost all clothes you buy have a label which indicates how it should be washed / dried etc. If you remove the label and it happens to also remove this information you could be running into problems again.

I've seen various "items" sold as 2nd's when the brand labels have been obscured. I don't think it's a big problem as long as you don't claim to have made the item.

[Claire B]

I will probably remove the manufacturers label, but leave in the safety/CE label.

A good compromise hopefully!

[Eagle]

*
I'd agree that you can probably remove the manufacturer's label/brand but not replace it with a third party's. :)