null
sidebar:
Can I Sell a Designer Brand Online Without Permission?

Can I Sell a Designer Brand Online Without Permission?

Posted by Big Brand Wholesale.com on 17th Aug 2020

This is a video I made in 2016 about this topic.  Even though the video is old, the information is still identical! 

Having problems playing the video above? Click here to watch this video on Vimeo.com 

LET'S QUICKLY REVIEW:

What you CAN NOT Sell:

Counterfeit / Fake products.  Even if you purchased them, it is a crime in the USA to sell knock-off products.  No exceptions. 

Contractual Obligations: If you have a contract with a company and the contract has rules, the rules of the contract override the First Sale Doctrine.  FOR EXAMPLE, if you sign up to be an Amazon Seller and Amazon says "You can never sell Nike on Amazon.com" then that means you can never sell Nike on Amazon.com, because you AGREED to this contract when you created an account to become an Amazon seller.   This means that even IF Nike gave you permission to sell their merchandise, you still can NOT sell it on Amazon.com is Amazon's rules state you cannot sell Nike on their site.  The same applies to any contract you agreed to. 

What you CAN NOT Do:

Never claim to be an "Authorized Dealer" if you are not.  

Never use logos without permission.  For example, it is fine to post a photo showing the item, like this: (photo is from PoshMark seller bigtyme320):

But it is not ok to post this image taken from Nike.com:

The reason you cannot use the image shown above is that you are basically stealing the companies logo for no reason at all.  If you are selling the white shirt with the Statue of Liberty, you have no reason to use the Black and White Nike logo stolen from Nike.com

Now if your item IS a Nike logo sticker, it would be fine to post this (photo is from Listia):

The reason it is ok to use the logo shown above is because the logo literally IS the item you are selling.  

Want to learn more?  Here's some of the topics discussed in this video:

Owners Rights Initiative 

Kirtsaeng vs. Wiley  568 U.S. 519 (2013) - A fantastic court case in which the Supreme Court ruled that if you rightfully own it, you can sell it!  

First Sale Doctrine 

***Disclaimer: We are not lawyers.  Please do not mistake the information in this blog post and video for "legal advice".  If you need legal advice please consult a lawyer in your state / country.