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Ordering from China and changing the Brand and label...Legal???

Discussion in 'Classic Menswear' started by Dannyboy8, Apr 5, 2012.

  1. Dannyboy8

    Dannyboy8 Member

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    Hello! I am new to this forum. I've been searching all over and cannot come up with a legitimate answer.

    I am in the process of starting a clothing line. I am talking to a couple of manufacturers from China and I want to order wholesales clothes from them. The thing is I cannot customize and design the clothes, because it's difficult without meeting them and their company face to face. When I have enough funds, I would love to travel there and meet them.

    For now, they already have clothes, tees, shirts, jackets, etc...that I'm really interested in and I want to order. But the clothes are already "branded" in China.

    Can I purchase and change the labels and re-brand under my brand and sell in the states???
     
  2. addedfuel

    addedfuel Senior member

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    I don't see why not. How many times I've seen high end stores re-brand old ragged t-shirts from a thrift store selling for 100$ that I saw at salvation army for 3$. The only concern would be designers may have copyright over the designs or pattern on the garment - but unlikely if it's from China. good luck
     
  3. clapeyron

    clapeyron Senior member

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    that does not exist.
     
  4. imatlas

    imatlas Senior member

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    Wait, wut?
     
    Last edited: Apr 5, 2012
  5. stevent

    stevent Senior member

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    Plenty of companies pick up vintage tees and such and add a logo + xx premium + maybe a dye or something like that
     
  6. RogerC

    RogerC Senior member

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    Read China Law Blog. You're opening yourself up to all different kinds of hell.
     
    1 person likes this.
  7. MikeDT

    MikeDT Senior member

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    Bookmarked.
     
  8. ccvle

    ccvle Senior member

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    it sounds like you want to steal some company's design and put your own name on it.
     
  9. entrero

    entrero Senior member

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    Unless it's trademarked, you can steal anything you want. It's fashion industry, stealing/copying is the how it thrives
     
  10. MyOtherLife

    MyOtherLife Senior member

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    :confused:
     
  11. ccvle

    ccvle Senior member

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    it is not even copying. it sounds like he wants to go to the manufacturer of Polo (for example) and ask them to sell him Polo stuff without the label so he can put his own label.
     
    Last edited: Apr 5, 2012
  12. ccvle

    ccvle Senior member

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    dobule post
     
    Last edited: Apr 5, 2012
  13. Manofstyle85

    Manofstyle85 Senior member

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    Actually, I m kinda in the same boat as the OP. While doing my research I came across a company where you can buy wholesale from them with their logo/brand ( was thinking of opening a small shop) or they can make you the same thing with your own "Private label". Their stuff look decent and can fool the untrained individual ( Non-SF) as being top-tier, I came across one while thrifting today. I made my happy dance before I open the jacket, thinking it was one of the top dog, but came to find out that it was that brand.
     
  14. Dannyboy8

    Dannyboy8 Member

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    Isn't that what most companies do in a way....copy and have knock offs of other brands. Wouldn't it be like taking blank Gilden or Hanes tees, screen printing, re-labeling/branding and selling it???

    The clothes I'm interested in are different from what you see in the big clothing chains in the US. I just want to bring that style over here without legal issues.
     
  15. Dannyboy8

    Dannyboy8 Member

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    That's one of the things I'm trying to research and find out. It's not officially Polo, until Polo gets a hold of it and brands it or is it???...that's the questions I ask myself, but it's difficult to find the answers. It kinda seems like every other big or small companies outsource overseas and I wouldn't be surprised it they sold the same exact manufactured clothing product to other brands in other countries, so they can flip it to their own brand.
     
  16. MikeDT

    MikeDT Senior member

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    Well that's what they do here in China, take whatever designer brands and designs, and copy them. I'm sure it constitutes copyright infringement. Some countries like the USA tend to take a dim view of such things. Infringe copyright in the US, one will end up in jail.
     
    Last edited: Apr 6, 2012
  17. RogerC

    RogerC Senior member

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    [IPLawyer] In principle, there's no copyright in clothing designs (unless specifically registered), although there can be in fabric design. Also, let's be honest, what would be special about simple white tee-shirts or polo shirts, design wise? Or how would you protect "the suit"? Also, trademark law (legally) serves few other purposes than to identify the producer of a good or service for you to sue when things go wrong. In principle, when Polo orders a couple of million polo shirts and has a logo stitched into them, they are doing nothing else than making sure people can tell the origin of the good (and pay handsomely for the privilege). In short, as long as, from beginning to end, it's only your logo/trademark on the garment, you're fine legally.

    Were you will have problems is sourcing from China. Low-end manufacturing isn't what it used to be anymore there, margins are extremely thin and competition fierce. Unless you have the wherewithal to keep a close check on production and QC, it will be very difficult for you to offer a consistent product of good quality. If that is not your goal, why bother, Wal-Mart can do that better than you. [/IPLawyer]
     
    2 people like this.
  18. MikeDT

    MikeDT Senior member

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    I've noticed that some garments have [​IMG] copyright notices on the labels, Marks & Spencer do this, even on things like plain solid colour t-shirts.
     
    Last edited: Apr 7, 2012
  19. RogerC

    RogerC Senior member

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    Of course they would claim it. But that doesn't give it to them. They might have copyright on the label itself, though, but that might be a tough case to make as well.
     
  20. MikeDT

    MikeDT Senior member

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    Just been looking at the labels on some of my gear. Pair of counterfeit Burberry jeans has "[​IMG] 2011 Burberry" on the label..... ha ha!. More than likely came from the same Guangzhou sweatshop as the real stuff anyway.
     
    Last edited: Apr 7, 2012

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