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Advice needed about opening a shop

  • 21-05-2012 7:47pm
    #1
    james1992
    Registered Users, Registered Users 2 Posts: 103 ✭✭


    Hi,

    I'm thinking of opening a sports shop and i have sourced branded clothing from wholesalers online that are not associated with the brand and i have the items and they are legit. the clothes are brands like yonex and carlton and wilson.

    can i sell these now in my shop despite not buying directly from yonex , carlton and wilson or do i have to get yonex , carlton and wilson to give me permission to sell these items.


Comments

  • #2
    Bandara
    Registered Users, Registered Users 2 Posts: 3,282 ✭✭✭Bandara


    you need permission

    but you won't get it, someone has no doubt the license distributing these brands in Ireland and will go after you big time


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Hammertime wrote: »
    you need permission

    but you won't get it, someone has no doubt the license distributing these brands in Ireland and will go after you big time

    if they are sourced from within the EU, that might not be an issue, but I would assume the sources are the Far East, the OP might comment on this.


  • #4
    james1992
    Registered Users, Registered Users 2 Posts: 103 ✭✭james1992


    Yes they are sourced in asia...
    is this a problem and why ???

    can i get sued if i sell these items in my shop ?


  • #5
    Red Neck Hughie
    Registered Users, Registered Users 2 Posts: 88 ✭✭Red Neck Hughie


    If you've sourced them legitimately then a contract for exclusivity between manufacturer and distributor is someone elses problem, what law are you breaking?
    Up to manufacturer to plug the leak I would think. Licence is not equal to law.


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    james1992 wrote: »
    Yes they are sourced in asia...
    is this a problem and why ???

    can i get sued if i sell these items in my shop ?

    If the manufacturer have given an exclusive licence to another to import/distribute them in Ireland, they will try to stop you, they could sue you.

    They will claim your product are knock-offs, and you might have trouble defending this, since the brand-owner might keep quite and not help you prove they are genuine.


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  • #7
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    They are 'grey goods'. They are not 'knock-offs' (black market) but are not legitimate for sale in this market either. You can move branded goods within the European Union and resell them, but you cannot import them from outside the European Union into the Union and resell them. The reason is that the exclusive rights for the EU have been sold to someone else.

    This is a bit of a paraphrase of the law. It is a very broad and technical topic and you should seek your own legal advice.


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