How it copyright or trademark If I'm reselling

How it copyright or trademark If I'm reselling Nike, adidas shoes and clothing when I bought from the main source which is retail store. square is trying shut me down for that which I don't understand. I know a lot of other people are doing the same thing through square in consignment store. If any one of you can explain that will mean a lot thanks. 




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Super Seller


Since you bought the items from a Retail Shop, you are authorised to buy the items and use them.  Did you setup a Retail Account with the Brands you are selling or did you just go to Walmart buy some Sneakers on Sale and then trying to resell them through your store?  Are you an Authrised seller of the merchandise under the manufactor rulles for being an authorised seller?  Consignment stores are selling the items as used compared to as selling them as new.  The people buying from consignment shops would understand these are used items and not New, where as from my understanding your items are being advertised as new since you bout them from a Retail location with the intent to resell.  

I was hit with a stop order from a Perfume manufacturer because I used their scent in my candles with their perfumes name.   I said well you make Perfume and you can see this is not to be used as a perfume it is a candle. I bought the Candle Scent from my manufacturer and used the same name they labeled it with.  I had to change the name of my candle to please them.  I could use the scent for candles but not Their Name without paying them a % of my sales.   

So what you are asking is, did someone contact Square about your merchandise and then Square sent you the letter.  Sometimes a competitor that sees you selling a Name brand as new and is an Authorised Seller paying Royalties may turn you in or the Company may have seen this and sent letter to Square.


Some get away with it others get caught right away.  I see where people make NFL stuff without getting it authorised by the NFL.  I looked into it and the NFL to use ANY Team Name or Mascot Etc wanted like $1,000,000 for a Year and you had to sell 100,000 of the item or more.  But if you Sold 1 and were unauthorised they would take you to court for a ton of $$$.  Again some are getting away with it and others end up in court.  Just because someone else is doing it does not make it legal or acceptable to do.

Pocono Candle

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Message 2 of 3
Super Seller

Hi. Consignment shop seller here! 

As long as you are selling authentic items you should be fine. You should sign a form for square stating that the items you're selling are authentic. 

If you're buying items from retail stores in mass quantities to sell there's nothing wrong with that as long as you're not altering the items in any way. Some stores aren't going to like you doing this, especially with limited edition anything.  The first sale doctrine protects you as long as the item is in the same condition (IE you didn't buy a bag, cut it up, and make keychains)

My Girlfriend's Wardrobe est. 2012

Preston & jayne est. 2023

Downtown York Pa

Square user since 2012
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