Is it legal to sell new high street branded items?

[Woodburypizza]

I'm wondering if anyone can tell me if it's legal to create an online shop selling items from high street shops (Next, River Island etc) that are new with tags? I have an ebay shop but looking into the possibility of creating my own online shop instead. Any idea? I don't want to go any further into planning anything until I find out whether this is okay to do.

Thanks

 

[Mr D]

Known as retail arbitrage. It's legal.

There are some concerns about it and both eBay and Amazon have been known to crack down on it.

Far as the brand is concerned they may know you are selling fakes as they have no clue where you purchased the items. Because it's not from them.
The brand owners or someone acting for them may notify eBay of the fakes.

Some people make money with retail arbitrage but to be honest most of the time the margins are far bigger buying wholesale.
Unless you get this Christmas must have toy that no one else has in stock and still time to sell for Christmas....
Then make a fortune.

 

[MBE2017]

It is legal to sell the branded goods, but you will struggle to get decent amounts to offer, but most importantly, most customers will think they are copies, and the price they will pay will reflect that.

 

[fisicx]

I'm wondering if anyone can tell me if it's legal to create an online shop selling items from high street shops (Next, River Island etc) that are new with tags?

Where are you getting these items from?

 

[Newchodge]

It depends where they come from. If the supply to you (and all the way up the line to manufacture) is legal, then yes, it is legal. If they were originally stolen from the manufacturer or sold illegally by them or anyone else down the line, then no.

 

[Mr D]

It depends where they come from. If the supply to you (and all the way up the line to manufacture) is legal, then yes, it is legal. If they were originally stolen from the manufacturer or sold illegally by them or anyone else down the line, then no.

If the high street shops are selling stolen or illegal goods then there is a bigger problem for the brand owners.

 

[Paul Norman]

It is legal. However, some brands will get upset - and if they contact Ebay or Amazon, they will always side with the big brands.

 

[lesliedocherty]

It is legal. However, some brands will get upset - and if they contact Ebay or Amazon, they will always side with the big brands.

i.e Patagonia, they supply a brand protection company with a list of all authorised stockists, the brand protection company contact Amazon/Ebay and get all non authorised stockists removed, the grounds are you do not own the copyright, the items might be legit, but you do not have copyright.

 

[Mr D]

i.e Patagonia, they supply a brand protection company with a list of all authorised stockists, the brand protection company contact Amazon/Ebay and get all non authorised stockists removed, the grounds are you do not own the copyright, the items might be legit, but you do not have copyright.

Do many people get products pulled on either site for copyright breach?

 

[antropy]

Its a grey area but yes legal, as @Paul Norman highlights you are not likely to make many friends with larger companies. Alex

 

[MBE2017]

Do many people get products pulled on either site for copyright breach?

Ebay tends to simply pull any listing if requested, and the seller then can contact the rights owner to try and get things resolved. Put simply if they do not respond to your contact you are stuffed, and there is no obligation for them to respond.

You can argue etc, but generally it’s not worth the time and hassle involved.

 

[Paul Norman]

Ebay tends to simply pull any listing if requested, and the seller then can contact the rights owner to try and get things resolved. Put simply if they do not respond to your contact you are stuffed, and there is no obligation for them to respond.

You can argue etc, but generally it’s not worth the time and hassle involved.

Indeed.

It is extremely unlikely that a big brand is going to take the time to let Ebay know they are happy for you to sell their stuff. But they will take the time to report you if you do.

Not all brands worry about this, of course. It is a bit of trial and error.

 

[Paul Norman]

i.e Patagonia, they supply a brand protection company with a list of all authorised stockists, the brand protection company contact Amazon/Ebay and get all non authorised stockists removed, the grounds are you do not own the copyright, the items might be legit, but you do not have copyright.

This is exactly what happens. And they are far from the only brand that will do this.

Most legitimate brand supply channels have it somewhere in their terms that you will not sell the stuff on Ebay. Or Amazon. Indeed, they don't like you selling it anywhere other than through your retail outlets. Some even get grumpy if you put their stuff online! That, of course, is to protect their own online sales.

 

[lesliedocherty]

Do many people get products pulled on either site for copyright breach?

We did, one of brands had not updated their list and we got all ours removed, we got it fixed in the end, i am happy that they are policing this and doing a good job at it, there are no fakes of this brand on any of the platforms, only authorised sellers, maybe give the customer more confidence buying.

 

[Mr D]

We did, one of brands had not updated their list and we got all ours removed, we got it fixed in the end, i am happy that they are policing this and doing a good job at it, there are no fakes of this brand on any of the platforms, only authorised sellers, maybe give the customer more confidence buying.

Had one listing pulled for IP rights issue. I think they were making trouble for themselves as it wasn't linked to their IP but as has been said hard to fight.
I had to ditch the items for online selling. Offline - never get any complaints...

 

[alan1302]

I think it's not a problem. but in some countries, your customers can get a problem with customs because of the local laws.

Which laws?