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ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I want to open a fashion boutique for women. Big stores such

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I want to open a fashion boutique for women. Big stores such as Arden-B, Victoria secret, Wet Seal, and other not so big companies have sample sales at the end of the year which I can buy them off much less then what they are at the stores. I was wondering if I can sell that clothes in my future to be boutique without getting sued. Could I get sued or not if I did purchase their clothes directly from them?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

You can do this legally. You can do so from a trademark perspective, because of a legal doctrine called the "first sale doctrine." Once a product is sold, the trademark owner's rights to control it ends; thus, if I have a Ford vehicle to sell as a used car, I can advertise it as a Ford without infringing the rights of Ford Motor Co.

ScottyMacEsq :

Whether or not it's going to be profitable is another matter, but you can certainly do that legally.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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