Reselling Brand Name Clothing

[Barone]

I recently opened a retail clothing store. I buy some of the apparel in my store off-price (which can consist of overruns, discontinued styles, ect). My question being, am I allowed to sell names such as Abercrombie, American Eagle, ect, as long as I don't advertise the names, and if there is a line put through the label in the clothes, as is industry standard in the off price world? Would an Ambercrombie, let's say, be able to come into my store and stop me from selling the clothing even though I don't advertise it, and the labels have been defaced by a line through them? This question has come up because I have sweatshirts that have a big Abercrombie on the front of them. I would appreciate any help anyone would be able to provide--Thanks.


P.S.-If you have ever seen a T.J. Maxx, that is similar to what I do, except that I also work with some of my labels directly, which allows me to advertise their respective names, such as MUDD Jeans.

 

[Q&DLaw]

You should be able to sell and to advertise the goods you have for sale truthfully and not have to remove any labels, in the same way that an auto repair shop may advertise that it repairs brand name automobiles or sells used brand name autos. If you sell used cars you must honestly disclose they are used. The same applies to the clothing you sell. It may also be advisable as a practical matter to state that you are not an "authorized dealer" of the manufacturer.

One problem you may have is that it is necessary that you have acquired the goods that you sell in a legal manner. Stolen goods, counterfeit goods, goods imported from abroad illegally, or goods you acquire under any agreement NOT to disclose the manufacturer's brand name may not meet the standard that they be "legally acquired".