We sell used items, how can you post items that are bought from storage units or estate sales and not be hit with trademark infringement issues? I see them on other sites, Ebay, Poshmark, Etsy, etc. Is Shopify not a good platform for this type of business or
Hi @RDBargains
This is a great question and definitely something to be aware of as a merchant selling used goods. While I am not able to provide legal advice on the topic, I can share what part in a trademark infringement claim Shopify would be involved with and how you can protect yourself from receiving a claim like this.
Some important things to note:
- Trademark infringement claims can only be opened by the trademark holder themselves (Ex: Disney, Nike, Lego, Nintendo).
- Each country/state/province/city could have it’s own laws for reselling used goods that are trademarked. It is the responsibility of the business to confirm what those laws are.
- You should always have all your proof of purchases for the products you are selling. Even if that means a receipt for the storage unit you purchased or from the estate you may have bought it from.
Those are probably the most important things to be aware of when it comes to trademark stuff and covering your personal business in case a claim is opened.
If you are selling name brand/luxury goods without a reseller license then there are some payment gateways that may not support your business as it is considered too high risk. That is something to also be considerate of. If you are wanting to use Shopify Payments and are unsure if your business is suitable in this sense, you can reach out to our live support before you go live and ask for a review to be done of your store for eligibility.
Reseller licenses are generally sold from the brand holder’s themselves to eligible merchants. Questions about receiving a reseller license for a specific brand should be directed to them.
TLDR - Yes you can sell trademarked goods, but it is good practice to ensure your business complies with all local laws surrounding the topic.