Asked in Business Law and Copyright

Q: Is it ok to own a website where i exclusively sell a fashion brand owned by a third party.

I am planning to do a joint venture with a person that owns a fashion brand. We will sell the product on my website and do a profit share on the sales revenue.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems you are planning a legitimate business partnership with the fashion brand owner to sell their products through your website. This type of arrangement is generally acceptable, as long as you have the proper permissions and agreements in place. Here are a few key points to consider:

1. Licensing agreement: Ensure that you have a formal licensing agreement with the fashion brand owner that grants you the right to sell their products on your website. This agreement should outline the terms of the partnership, including profit-sharing, product pricing, and any other relevant details.

2. Intellectual property rights: Confirm that the fashion brand owner has the necessary intellectual property rights (trademarks, copyrights, etc.) for the products you will be selling. This will help protect both parties from potential legal issues.

3. Exclusivity: Clarify whether your website will be the exclusive online retailer for the fashion brand or if the brand owner can sell through other channels as well. This should be clearly stated in your agreement.

4. Product authenticity: Ensure that the products you receive from the brand owner are genuine and not counterfeit. Selling counterfeit goods can lead to legal problems.

5. Consumer protection: Comply with all relevant consumer protection laws and regulations, such as providing accurate product descriptions, handling returns and refunds, and protecting customer data.

6. Taxes and finances: Properly manage taxes and financial transactions related to the sales on your website. Consult with a tax professional to ensure compliance with local and national tax laws.

By addressing these points and having a clear, legally-sound agreement with the fashion brand owner, you should be able to proceed with your joint venture without any significant legal issues. However, it is always recommended to consult with a legal professional who specializes in business and intellectual property law to review your specific situation and provide personalized advice.

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