Is it legal........?

Reply

  #1  
Old 02-03-09, 06:58 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
Is it legal........?

To buy jeans at thrift stores (different brand names) and then distress them,airbrush them with your own design and then sell them?

If so, do I need to advertise them in a special way without using the jean brand name?

(I'm new at this, so I just wanna make sure it's ok...or not ok)

THANK YOU!
 
Sponsored Links
  #2  
Old 02-03-09, 07:09 PM
nap's Avatar
nap
nap is offline
New Member
Join Date: May 2006
Location: north
Posts: 4,163
generally, yes but you have to be cautious about name brands or the brand logo when advertising.

just as a notice; I am not an attorney and this is not to be construed as legal advice but merely my mildly educated opinion.

gotta cover my butt.
 
  #3  
Old 02-03-09, 07:14 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
So, if I don't mention the brand name of the jeans, but just advertise them as distressed airbrushed jeans...then that may be safe?
 
  #4  
Old 02-03-09, 08:18 PM
nap's Avatar
nap
nap is offline
New Member
Join Date: May 2006
Location: north
Posts: 4,163
I would suspect so. There is something in this type of situation called the doctrine of first sale. Once something is actually bought from the supplier, they no longer control that product. They still control their trademarks though. The names and trademarks can be used in certain situations but if it is not necessary to use them, I would suggest not so as to prevent any problems that may or may not be legit.

advertising as you propose would be fine from what I understand. If somebody asks what brand they are, you can answer it honestly as well. What you need to be cautious about is causing somebody to believe you are an official outlet or seller of a particular brand.
 
  #5  
Old 02-03-09, 09:16 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
Yeah, because thrift stores sell all kinds of brands of clothing to people. So, the thrift stores are making $ off of the sales and some of thee top brand names are in the racks for people to buy.

So, I don't know where the line is drawn there. I've gone to thrift stores and bought Kennington suits...brand new and the store had marked it down, but still made a profit out of it.

It's confusing
 
  #6  
Old 02-04-09, 04:25 AM
the_tow_guy's Avatar
Group Moderator
Join Date: Feb 2001
Location: SW Fla USA
Posts: 11,515
Another layman here, but I can't see where their would be any legal problems whatsoever as long as you abide by the previously mentioned cautions about advertising trademarked items and use of logos, etc. The jeans are simply a raw material in the business which you are turning into a finished product. I can buy all the Honda Civics I can get my hands on, customize them and then resell them for a profit and in this case I don't see where I would be breaking any laws by advertsing them as "Tow Guy's Custom Hondas" or whatever.
 
  #7  
Old 02-04-09, 04:38 AM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 20,792
I would think you could advertise something like "RMC's distressed and airbrushed jeans, Levi's, Wrangler, Chic, and many more designer brands" or similar, w/o any problems at all.

Not like you are going to be doing boatloads at a time.

You can tell I don't know many designer brands anymore...lol
 
  #8  
Old 02-04-09, 04:48 AM
the_tow_guy's Avatar
Group Moderator
Join Date: Feb 2001
Location: SW Fla USA
Posts: 11,515
The only design I worry about when buying jeans is the one on the dollar bill, and the fewer I hand over when buying them the better.
 
  #9  
Old 02-04-09, 05:39 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
I buy the jeans unbelievably cheap.....$2.50 a piece and in all different sizes. So I'm not putting out alot of investment in this just in case it doesn't sell.


THANK YOU SO MUCH FOR THE AWESOM ADVISE!!
 
  #10  
Old 02-05-09, 05:48 AM
Member
Join Date: May 2008
Location: Connecticut
Posts: 124
Hi

Like everyone else, I am not a lawyer and I do not know the law in your state but I know a few things:

You should not advertise the brands, or use their names in anyway. If I were you I'd stick my own label on top of the brand name label.

I'd make as clear as possible to my customers that those pieces are recycled jeans. And don't be afraid of loosing sales, because there is in fact a huge market for recycled and "green" goods.

Just check the Etsy Shops and the NoBlogs blog. Market them as designer recycled and I believe you will not only be fine, you will be chic and trendy as well, and you will be helping the planet!

Really, congratulations for the idea!
 

Last edited by Shadeladie; 02-05-09 at 08:30 AM. Reason: Blogging and blogging websites not allowed
  #11  
Old 02-05-09, 03:49 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
Thank you!! That's all such great and helpful advice!
 
  #12  
Old 02-05-09, 10:41 PM
Member
Join Date: Aug 2000
Location: USA
Posts: 15,834
Remove the brand tags and do whatever to the jeans.
 
  #13  
Old 02-06-09, 06:29 PM
Member
Thread Starter
Join Date: May 2007
Location: Colorado
Posts: 203
Just like....cut the name tags off of them completely?

Sounds good!
 
  #14  
Old 02-07-09, 05:22 AM
the_tow_guy's Avatar
Group Moderator
Join Date: Feb 2001
Location: SW Fla USA
Posts: 11,515
I hate arguing with twelvepole, but I don't think I would sweat it. Afterall, some of the appeal of the end product will be the brand and from a layman's standpoint, I don't see a case for copyright infringement or whatever.
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes
'