Home Forums Starting your journey Do i need permition to sell luxury brands like Gucci, Michael Kors Ánd Mcm?

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  • #999404
    Tired girl
    Member
    • Total posts: 1

    Hi guys,
    Iam starting online business with luxury goods. I am in this business few years But in europe. I want to sell Gucci, Michael Kors, Mcm, coach Ánd furla bags so Iam wondering If i need any permision to sell it?
    All product is from Italian wholesaler. Do i need to ask them to give me some certificate to prove that all bags are authentic? Please help me Find answer for my question. Thank you so much ;)

    #1219462
    bb1
    Participant
    • Total posts: 4,485
    Tired girl, post: 264884, member: 114255 wrote:
    Hi guys,
    Iam starting online business with luxury goods. I am in this business few years But in europe. I want to sell Gucci, Michael Kors, Mcm, coach Ánd furla bags so Iam wondering If i need any permision to sell it?
    All product is from Italian wholesaler. Do i need to ask them to give me some certificate to prove that all bags are authentic? Please help me Find answer for my question. Thank you so much ;)

    There would be 2 things I can think off.

    Do those brands already have an exclusive distribution rights with other suppliers in Australia, as such precluding you from selling here, even though you already have a setup with the Italian wholesaler. Some brands have contracts whereby you can only go through the local (Australian in this case) distributor.

    And it would always be a benefit to get certificates of authenticity, with products which are often copied.

    The first step would be to talk to the head office about any limitations on distribution and exclusivity arrangements within Australia.

    #1219463
    Jason Ramage
    Participant
    • Total posts: 3,165
    bb1, post: 264885, member: 53375 wrote:
    There would be 2 things I can think off.

    Do those brands already have an exclusive distribution rights with other suppliers in Australia, as such precluding you from selling here, even though you already have a setup with the Italian wholesaler. Some brands have contracts whereby you can only go through the local (Australian in this case) distributor.

    And it would always be a benefit to get certificates of authenticity, with products which are often copied.

    The first step would be to talk to the head office about any limitations on distribution and exclusivity arrangements within Australia.

    Adding to this, you may want to look into grey imports and cross border selling.. it is often frowned upon in the community of authentic products for reasons raised by BB1 (eg authorised distributor licenses etc)…

    Must say, an authorised wholesaler out of italy with these brands? maybe they can put you in touch with local authorised sellers..

    J

    Jason Ramage | Lucas Arthur Pty Ltd | E: hello@lucasarthur.net.au   P: 61 3 8324 0344    M: 61 412 244 888
    #1219464
    Paul – FS Concierge
    Keymaster
    • Total posts: 3,183

    Hi And Welcome to Flying Solo [USER=114255]@Tired girl[/USER] .

    It is great to have you!

    Thank you for joining our community and posting.

    Cheers

    #1219465
    JacquiPryor
    Member
    • Total posts: 2,344

    I would proceed with a lot of caution here.

    There are many things to think about when looking to import branded products like this without a direct arrangement with the brand owners.

    Grey importing (or Parallel Importing) is legal in Australia but can be quite problematic – see https://www.accc.gov.au/business/treating-customers-fairly/selling-parallel-imports for some information.

    You need to look at a lot of things:

    • Who owns the brands in Australia? Some companies will have a different entity own the trade marks in different countries so that you can’t rely on certain defences that come into play re parallel importing in Australia. (e.g. it is not infringement if the trade mark was put on the product with the owner’s consent so if it’s a genuine product usually the owner put it on there – hence you can use it in the parallel import sense, but if the local TM owner is different it may not be a defence as they are not the ones that put the TM on the product);
    • Obviously, ensuring the product is genuine and not a counterfeit product;
    • Is the Italian wholesaler allowed to supply to you in Australia? If not, and they breach an agreement this could also undo TM infringement defences in some cases;
    • Selling big name brands could be misleading to consumers as they may assume you are an authorised retailer;
    • Authorised dealers likely benefit from the original brand/supplier’s warranties – if you are involved in parallel imports then you don’t have those benefits and are responsible for refunds/replacements etc

    And, that’s just a short list I’m afraid. It can be done, but it needs to be very carefully considered and done right to ensure no legal consequences. At the end of the day, a brand owner that thinks some-one is profiting of their brand/reputation is not going to be happy so will look for any way to stop it – making it really important you don’t leave them room to have a legal claim.

    Sometimes it is better to work towards becoming a local retailer/authorised seller etc to ensure 100% safe in promoting the brands, and also enjoying the benefits of being an authorised seller.

    Sorry for the long response but I hope it helps and gives you some ideas of where to look/research before proceeding to ensure you do so in the best way if you choose to do so.

    #1219466
    Mel Brick
    Member
    • Total posts: 7

    Hi [USER=114255]@Tired girl[/USER], you might want to read this article as well https://www.business.gov.au/products-and-services/importing-and-exporting

    #1219467
    businesstrade
    Participant
    • Total posts: 210

    It would be illegal to sell those brands without getting permission from the distributors/brand. Usually they have exclusive distribution rights and/or they own their own stores depending on the brand.

    #1219468
    Mel Brick
    Member
    • Total posts: 7
    BusinessTrade, post: 264932, member: 113709 wrote:
    It would be illegal to sell those brands without getting permission from the distributors/brand. Usually they have exclusive distribution rights and/or they own their own stores depending on the brand.

    That’s correct. In order for you to become an authorized dealer.

    #1219469
    JacquiPryor
    Member
    • Total posts: 2,344

    Sorry guys – going to have to clarify – it’s not always illegal to sell brands like those without getting permissions from the distributors/brand etc. Is it problematic? Yes. Is it potentially dangerous? Yes. Could there be legal concerns? Yes…. But, Illegal? Not necessarily depending on how it’s done, and not all the time… Per my earlier post – so many factors to consider. I for 1 wouldn’t embark on it but that’s different to suggesting flat out its illegal to use sell those brands without permission from the distributors/brand. It’s just not that simple.

    Happy to answer/expand further if you have questions.

    #1219470
    manuca
    Member
    • Total posts: 1
    JacquiPryor, post: 264940, member: 20176 wrote:
    Sorry guys – going to have to clarify – it’s not always illegal to sell brands like those without getting permissions from the distributors/brand etc. Is it problematic? Yes. Is it potentially dangerous? Yes. Could there be legal concerns? Yes…. But, Illegal? Not necessarily depending on how it’s done, and not all the time… Per my earlier post – so many factors to consider. I for 1 wouldn’t embark on it but that’s different to suggesting flat out its illegal to use sell those brands without permission from the distributors/brand. It’s just not that simple.

    Happy to answer/expand further if you have questions.
    I’m preparing to start this grey importing business for premium brands. I don’t see any major problems while I can see others doesn’t have any issues in Australia for selling grey imported goods.
    Q. Do I have to consult with an attorney for each brand before importing into Australia?

    #1219471
    JacquiPryor
    Member
    • Total posts: 2,344
    manuca, post: 271833, member: 120702 wrote:
    I’m preparing to start this grey importing business for premium brands. I don’t see any major problems while I can see others doesn’t have any issues in Australia for selling grey imported goods.
    Q. Do I have to consult with an attorney for each brand before importing into Australia?

    Per the post I made above, there are a lot of things to consider. Some people don’t have issues, some people do. It can be done but needs to be done carefully and taking into consideration a lot of things.

    You do not necessarily have to consult with an attorney for each brand, but it could be a good idea. You want to check whether the trade marks are registered in Australia and whether your promotion of those brands could be trade mark infringement, also whether your use could be misleading to consumers and things like risk that you will carry because you cannot rely on manufacturer warranties when parallel importing.

    I’d be happy to hear from you if you do wish to obtain further advice. You can reach me at jacqui@mmwtrademarks.com.au. If you would like to provide some detail about the brands etc I can provide an estimate for advice/assistance.

    #1219472
    bb1
    Participant
    • Total posts: 4,485
    manuca, post: 271833, member: 120702 wrote:
    I don’t see any major problems while I can see others doesn’t have any issues in Australia for selling grey imported goods.

    So many assumptions in the one little inconsequential sentence.

    Yes you see others doing it, but are they selling legit or copied items.

    Just because you can see others doing it, it doesnt mean they are not having issues with the brand owner, and it doesnt mean you wont have issues with the brand owner even if they aren’t.

    Sounds like you are making assumptions that the others are also doing grey imports, how do you know they don’t have a licensing / selling agreement with the brand owner.

    I guess what I am saying is just because others are selling a product don’t assume you will get away with something.

    #1219473
    Jason Ramage
    Participant
    • Total posts: 3,165

    One observation, aside from the poor business model that this would be, is that the supply chain would generally in most circumstances not be as robust as domestic suppliers and would be harder to build an actual business around due to the nature of how goods are acquired.

    Jason Ramage | Lucas Arthur Pty Ltd | E: hello@lucasarthur.net.au   P: 61 3 8324 0344    M: 61 412 244 888
    #1219474
    Johny
    Member
    • Total posts: 840
    #1219475
    Nikki Nunnari
    Member
    • Total posts: 6
    Tired girl, post: 264884, member: 114255 wrote:
    Hi guys,
    Iam starting online business with luxury goods. I am in this business few years But in europe. I want to sell Gucci, Michael Kors, Mcm, coach Ánd furla bags so Iam wondering If i need any permision to sell it?
    All product is from Italian wholesaler. Do i need to ask them to give me some certificate to prove that all bags are authentic? Please help me Find answer for my question. Thank you so much ;)

    Few companies will knock back an intentionally sound business proposal from a legitimate enterprise.

    Begin by introducing yourself to the companies whose products you wish to market. There is usually a contact form that you can use to find out the name of the best person to whom you can address your enquiry. It will either be a Marketing Manager, a Purchasing Manager.

    If you’re feeling extremely confident address your enquiry directly to the top – Michael Kors, Marco Bizzarri, Sung-joo Kim, Mauro Sabatini. You will receive a response, perhaps not directly from these people, but definitely from someone who will point you in the right direction.

    Let them know who you are, where you are, why you desire to promote and market their brand, and how you’re prepared to do it.

    By going direct to the source you will be provided with legitimate means to move forward with your online venture.

    Best of luck!

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