Overruns - can I sell them in Ireland?

Hi all

Sorry the title is not really clear.

Basically I have access to overruns of clothes that are American brands and these brands are not sold in Ireland. These clothes are genuine.

If I bring these clothes in to sell in my shop, would it be illegal? (would that brand be able to sue me since I have no license to sell their stuff)

If it is illegal, is there anyway to get around it?

Thanks for any advice.

MsOp

The technical name for this is grey market goods.

I don't think there is any laws that will cause a problem in Ireland once you have paid the vat + customs on everything.

Go for it and let us know where to go for a bargain !!

Hello msoptimistic,

here is a link to wikipedia : http://en.wikipedia.org/wiki/Grey_market

The fact that the goods are not normally available in Ireland does not automatically mean that the brand owner or his license holder for the product would be happy to see branded products - for which he holds the license - appear on shelves in Ireland. It would be an idea to establish if the brand you intend to bring in has issued a license for Ireland (maybe as part of an overall European license or UK license). If that is the case the license holder may attempt to stop you from importing / selling the brand in Ireland.

I would think it requires a bit more research and perhaps a chat with a solicitor or barrister specialising in these areas. I would urge caution and consult widely (as you are doing here) to be sure of your ground.

In any event, best of luck, hope you succeed

Best regards,
Rudolf289

jhegarty said:

The technical name for this is grey market goods.

I don't think there is any laws that will cause a problem in Ireland once you have paid the vat + customs on everything.

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Hello jhegarty,

just be aware that customs can request a letter from the brand owner or license holder confirming that he has no objection to importing the product into Ireland. I had that issue with a different commodity I was bringing in on behalf of one of my clients. Customs is not just about paying duty and VAT, they also are taking a close look at branded goods to ensure there are no infringements.

Rudolf289 said:

Hello jhegarty,

just be aware that customs can request a letter from the brand owner or license holder confirming that he has no objection to importing the product into Ireland. I had that issue with a different commodity I was bringing in on behalf of one of my clients. Customs is not just about paying duty and VAT, they also are taking a close look at branded goods to ensure there are no infringements.

Click to expand...

Assuming they are no counterfeit/copies I don't see what rights the brand owner would have.

What law are you referring to ?

Hi all

Many thanks for your advice on this matter.

To be honest, there is a particular brand I have in mind. They are a US brand - this brand has shops in US, Canada, Middle East and Asia. No presence in Europe. They DO NOT issue licenses or wholesale - they just open their own shops and thats all.

The reason why I have access to their overruns is because I have a contact who manufactures for them. (therefore - 100% genuine).

So assuming they have no presence in Ireland and no license is issued to someone to sell their products, + I pay VAT and customs, would you see any trouble?

If it is going to be big hassle, then I would just buy from wholesalers here.
Just thought that this avenue will bring in big margins. But if it is hassle and illegal, then I am not going there!

Thanks.

MsOp

It will be eu trade law you will need to find out about, there was a case some years ago regarding ray bans (I think) that gave a test case.

Basically if by importing the brand you are damaging that brand's local market the owner of the brand can get you to stop. Also if you have procurred supply through unofficial means, they can be seized also.

In your case the brand is not generally on sale in europe, therefore its unlikely that they will even know about you. There's nothing as far as I know that authorities can do without a request by the brand owner.

Example is the Buy Design outlet near castledermot that has ralph lauren, hilfiger etc, all bought from uSA and no problems. Other example is the outlet shop in muff who has diesel & regatta clothing (made locally & exported) - some seconds & some overruns.

Only thing i would check is if the manufacturer has permission to sell the goods with the brand's label on it. If so then the label would probably have to be cut or removed.