Luxury Resellers: Avoid Counterfeit & Trademark Infringement Accusations

Do you operate as a reseller of luxury branded goods

Is your resale or consignment business on platforms such as Shopify™, Amazon™, or Instagram™? 

Has a luxury brand accused your business of selling counterfeit and trademark infringement? 

Has your social channel been taken down by Instagram™ or another platform after receiving a notice of trademark infringement by a luxury brand, such as LVMHTM, Chanel TM, Dior TM, Jimmy Choo TM, Prada TM, Gucci TM, etc.?

Does your company want to take active steps to avoid these trademark infringement accusations that could impact your online store? 

If you operate a consignment boutique or are selling authentic second-hand luxury goods and answer ‘yes’ to at least one question, consider engaging a qualified IP expert to review and advise on your online business practices.  

Through our unique expertise in the world of luxury resale and trademark law, we have developed a checklist of tips for your business that covers the following aspects:   

  • Embrace disclaimers – Clearly state that your consignment store is not affiliated with, associated with, or represented by the luxury brands whose items you sell.  
  • Clearly indicate consignment status – Clearly indicate, through both language and design, that your business operates in the realm of consignment or second-hand goods.  
  • Visually differentiate and identify trademarks – Whenever a brand’s trademark is used, the trademark should stand out from the rest of the text and other visual materials and accompanied by the trademark symbol TM or ®.  
  • Ensure authenticity – Clearly indicate your authentication process and if you use authentication software, such as Entrupy™.   
  • Benchmark with other resellers – Understand the industry standards for reselling luxury goods and exceed them.  
  • Use original content – Content on your website and socials needs to be original and owned by your company to comply with the platform policies.  

BRION RAFFOUL LLP brings unique legal expertise and insights to the complex trademark and IP challenges inherent in the world of luxury resale.   

Please do not hesitate to reach out to one of our experts for a copy of our checklist and for further legal advice including social channel audits and legal representation in trademark disputes.