QUESTION

Is it legal to purchase clothing at retail, modify the clothing, and sell the modified product online?

Asked on Jul 09th, 2017 on Patents - Nebraska
More details to this question:
N/A
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2 ANSWERS

Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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It might be okay - but you need to review the following IP issues: Patent - is the clothing protected by an active US Design or Utility Patent ? If yes - you may need a license from the patent owner. The patent exhaustion rule says that the patent owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be patent infringement. Trademark - the clothing likely has a trademark associated with it - and you cannot use that trademark without a license from the owner. Your best option regarding the trademark is to remove original tags from the modified clothing and not mention the original mark in your advertising. Copyright - the first sale of the item is copyright exhaustion - the owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be copyright infringement - as only the original creator can make a derivative work.
Answered on Jul 13th, 2017 at 4:14 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Pretty much anything you buy legally, you can modify and resell on-line. You might want to avoid anything with a name on it, however, such as designer labels or clothes with a famous person's name on it, since that could raise trademark and the right to exploit one's name issues. Also, removing trademark or copyright notations is illegal.
Answered on Jul 10th, 2017 at 7:25 AM

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