Reselling trademarked stuff.

[gcextreme 475]

Is it illegal, im thinking it is, to resell trademarked stuff?

Like going to walmart and buying Ford hats/shirts to resell??

I think its still illegal...but how come u can do it with other items, specially like pop.

Im guessing Ford and Chevy and stuff are licensed...but isnt CocaCola and Drpeper?

People buy pop all the time at walmart to resell elsewhere!

I am sure they do it with clothing too.

I ask because i was in a local thrift store downtown and they had racks of trademarked stuff..then later when i was at walmart i saw some of the exact same stuff! And i highly doubt that little thrift store is licensed to sell the stuff.

There was this Ford Racing shirt, at walmart it was $9.99 at the thrift store it was $12.99

[MZ SKEETER 4,708]

That thrift shop would have a resellers license...That is the business.  They would have to have licenses to operate in the area.   I posted the info last year on this question here in the forum.  I don't have time to look.. I got it from the internet.  I also posted about the cake logos.  Same type of deal.. They buy the licensed items..   I also found that if you purchased,  say Chicago Bears, material at a fabric shop,  and make pillow cases out of those and sell, It is legal.  The license  held was paid on the first item, the material.   

[gcextreme 475]

So i have a MN State Tax id license...is that the same thing?

I know i just bought some display clothing racks from the kmart thats closing and i didnt have to pay tax on the racks.

[gcextreme 475]

Also...since u bought the material, modified it into something else, in this case a pillow case, would that work for shirts? Say bought a Ford Racing Shirt and put the customers name on the sleeve or something, modifying the shirt, would that be the same thing?

Or if i bought a Harley Shirt and put "Charity Ride" the name of charity ride and date on the back...? Seems to me that wouldnt work cuz what if harley or Ford didnt want to be tied to that?

[Dakotagrafx 7,297]

I am not sure about the legality of the selling of the used clothing items by the thrift store - at walmart the person that produced the stuff legally has to have the rights and pay royalties to the trademark owner like you would to make something that is trademarked.  this has been beat to death- if you don't think that is right then produce it and post back to us how it goes on the long run - it has been a while since the gal told us about the dewalt fiasco of a set up and lawsuit and we need a fresh reminder from someone willing to risk it.  I have had my cease order from Chrysler when I started and don't need any more.

[Dakotagrafx 7,297]

Also...since u bought the material, modified it into something else, in this case a pillow case, would that work for shirts? Say bought a Ford Racing Shirt and put the customers name on the sleeve or something, modifying the shirt, would that be the same thing?

Or if i bought a Harley Shirt and put "Charity Ride" the name of charity ride and date on the back...? Seems to me that wouldnt work cuz what if harley or Ford didnt want to be tied to that?

you are correct - the license usually prohibits ANY modification that has not been approved

[gcextreme 475]

Yeah but he produced it without permission. If these shirts were produced and sold, the royalties have already been paid...

i see sports team fabrics, spiderman fabrics, etc for sell at walmart all the time. Like Skeeter said..but when u change it from fabric to a pillowcase or other item to resell, your not reselling it really, its something new and different...its no longer just fabric.

[gcextreme 475]

Ok dakota..see now the fabric has been modified and that may not be approved either...so kinda weird line there.

[Dakotagrafx 7,297]

it is being sold to the end user not to resell

[gcextreme 475]

Also Dakota u said at Walmart the person/company that produced it has to have a license..so walmart doesnt? The person sells it to walmart to resell...so thats the same thing as the thrift store buying it from Walmart to resell??

[gcextreme 475]

it is being sold to the end user not to resell

So MzSkeeter is wrong..u cant use the fabric to make something and resell it...?

[gcextreme 475]

So does this apply to everything..cuz i thought it would only be applied to items that are labeled "Not for Resell" or whatever.

[MZ SKEETER 4,708]

NO one here is an attorney, or if you want the legal answers.  Hire one.  We are only getting answers from the internet. and experience..  Then when we give you answers, you just want to argue them.. . Go search the internet for you legal questions for your state. Go hire a copyright attorney. They will answer all of your questions, so that you can be legal.

[gcextreme 475]

Not arguing..im discussing.

Some of u have been in business for many many years and have a wealth of knowledge.

You really need to learn the difference between an "arguement" and a "discussion".

No where was i mad or fussy or ranting..i was just discussing stuff and asking questions. If we all need to go out and hire attorneys for our business practice and not ask and give advice..why is there a "business practices" section here to discuss this stuff?

[Dakotagrafx 7,297]

[MZ SKEETER 4,708]

Not arguing..im discussing. Some of u have been in business for many many years and have a wealth of knowledge.

No one here can give you exact legal advice.  We are not copyright attorneys...   The real wealth of info is on the internet...  Laws change all the time.. An attorney should be up to date on copyright laws..

[gcextreme 475]

No one here can give you exact legal advice.  We are not copyright attorneys...   The real wealth of info is on the internet...  Laws change all the time.. An attorney should be up to date on copyright laws..

Again..im not asking for exact legal advice. Im asking and discussing opinons and experiences...

[gcextreme 475]

Dakota..thank for your input on this. I know u have been doing this for a long time and i value that experience and your opinions.

[gcextreme 475]

[img=http://midpacsolutions.com/emoticons/brickwall.gif]

That looks like it hurts..u should wear a hardhat.

[MZ SKEETER 4,708]

Here is the Harley Legal   And each company would have their own legals...

 

http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=hdlegal

[gcextreme 475]

Ok that say u do have the right to resell without a license.

You do have the right to resell, without the need for a license or other permission, genuine, authorized goods obtained legally.

But it also says u cant resell the fabric stuff.

You don't have the right to use genuine, licensed HARLEY-DAVIDSON products to create completely new and different items.

[pshawny 410]

So i have a MN State Tax id license...is that the same thing?

I know i just bought some display clothing racks from the kmart thats closing and i didnt have to pay tax on the racks.

 

Business License: Issued by your state. Allows you to legally do business within your state. You'll see these framed and hanging on the wall of many small businesses.

 

i.e. South Dakota only charges $10 for a business license and it can be done online in just a few minutes.

 

Sales Tax License: Issued by your state typically free of charge. Used to file and pay sales tax collected on sales to customers. This includes all applicable state and city sales tax.

 

i.e. South Dakota state sales tax is 4%, my city doesn't have a sales tax, so I collect 4% from sales within SD and pay that to the state every 6 months.

 

Tax Exempt Certificate: Allows you to not pay sales tax on items that you are going to resell. You still have to pay sales tax on anything that you are going to use yourself or that the business will use and not resell.

 

i.e. Typically, internet sales are excluded. If I went to Menard's and bought wood to make a sign & a garbage can for the shop. The wood is tax exempt because I will charge the tax to my customer at a later date. The garbage can is taxed because it's not for resale & I am the end user of the product.

[skarekrow 1,842]

There are so many gray areas in the laws... Corporations would like to make everything illeagal that allows you to make a buck off their stuff.

The best thing is avoid anything with their TM or Copyright attached.

 

Me, personally... I'm not interested in selling their goods. I want to sell my product for it's merits.

[gcextreme 475]

Skarecrow..that would be my LLC then right?

[MZ SKEETER 4,708]

Ok that say u do have the right to resell without a license.

You do have the right to resell, without the need for a license or other permission, genuine, authorized goods obtained legally.

But it also says u cant resell the fabric stuff.

You don't have the right to use genuine, licensed HARLEY-DAVIDSON products to create completely new and different ite

Yes,  they have  that rule,  That is their right...to have their own rules for their own business.  You have to read each companies legal..  

 

If you want to see what all is covered under their copyrights,  Go to the copyright website,  where all the items are listed...for all companies.  Each item.. Picture, logo, etc.