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Upcycling and Reselling Brand Name Clothing

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  • Upcycling and Reselling Brand Name Clothing

    I've seen many people selling upcycled shorts online, ebay, etsy, other online stores. And they are selling brand name clothing (denim jeans): levi's, gap, tommy hilfiger, etc. All vintage items, which they are then cutting into shorts and ripping and studding and such. They're not putting their name on the shorts and saying that they are there's, but they are listing the brand name of the shorts (as it seems you should so people know what they're buying, it would seem wrong not to). I was going to start doing this until someone mentioned to me that it is illegal to resell brand name clothing.

    Is it illegal to sell upcycled brand name denim pants and turn them into shorts, listing the brand name, but not claiming that they are completely yours, just that you upcycled them?

  • #2
    Re: Upcycling and Reselling Brand Name Clothing

    If the cloth of sold through a brand name is purchased by you and then you resell that cloth then you cannot be held liable for anything. In this as some alteration may have been done by you thus you may be required to mention the alteration. The product changes with alteration thus changes done by you may be informed to customer so that there is no misrepresentation.

    AFF

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    • #3
      Re: Upcycling and Reselling Brand Name Clothing

      So as long as you list the brand name and that you have altered the item, it's legal?

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      • #4
        Re: Upcycling and Reselling Brand Name Clothing

        There is no illegal act if the site mentioned that the products are upcycled and the price is not that of brand new ones.

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        • #5
          Re: Upcycling and Reselling Brand Name Clothing

          Originally posted by AFFA View Post
          If the cloth of sold through a brand name is purchased by you and then you resell that cloth then you cannot be held liable for anything. In this as some alteration may have been done by you thus you may be required to mention the alteration. The product changes with alteration thus changes done by you may be informed to customer so that there is no misrepresentation.

          AFF
          Originally posted by Lexus View Post
          There is no illegal act if the site mentioned that the products are upcycled and the price is not that of brand new ones.
          Originally posted by girl1234 View Post
          So as long as you list the brand name and that you have altered the item, it's legal?
          I'd have to disagree with both Aff and Lexus here.

          If you intend to ask for MORE money for the items simply because they carry the particular brand name, then you could be getting yourself into illegal territory. The problem is that you would be advertising sales of items WITH the brand name. Some companies require specific licensing and permission to resell their brand-name products - regardless of whether or not you have modified or upcycled them. The problem gets worse if people are buying because of a specific brand-name, because that company is promoting their products having a particular level of quality which your modified version may not have. Your buyers may end up going to the company to try to get recourse, which of course they won't be able to do because the products were not purchased from them - because they are considered unauthorized "knock-offs".

          I suggest that you contact a business attorney to discuss the best solution to this potential problem with your marketing concept.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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          • #6
            Re: Upcycling and Reselling Brand Name Clothing

            Or you can create an official e-shop (of course you will have to pay bills), buy name brand clothes wholesale (for example like this: www.wow-wholesale.com) and sell it online for a bigger price.

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