Podcast episode (Five Minute Friday) by Ashley Alderson warning boutique owners about legal and business risks of selling unlicensed, trademark-infringing 'dupe' products. The host explains trademark infringement basics, how licensing agreements and verification (license numbers, tags, holograms) work, gives examples of high-risk goods (sports team merch, Disney, luxury knockoffs, branded cans), and urges retailers to do due diligence when purchasing wholesale. Ends with calls-to-action to contact Ashley on Instagram and join the Boutique Hub.
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So I recently shared a post on my own personal Facebook page and it was actually a share of a news article of a woman being arrested for selling unlicensed goods and dupes of fashion like popular fashion brands, high end brands. And I was so sad to share it because honestly, I think I've shared something similar year over year over year for the past, I don't know however many years I've been in business because I see this type of thing continue to happen. So today on 5 Minute Friday, I just wanted to jump in and have an honest conversation with you and remind you, if you don't already know, there's no excuse not to know. I'm going to be the one who breaks it to you today. But there are serious consequences to not understanding licensing agreements and trademark infringements and selling or promoting products that aren't yours to sell or promote in the first place. So here's where I want to go with this. You have worked so hard. You have worked so hard to build your business and to build your brand and to build your following and to build your e commerce business and to build your storefront. You've worked so hard that I do not want to see you lose all of that overnight with something that could have easily been avoided. So commonly across the industry, there are people who will sell unlicensed, untrade marked goods to retailers for resale and then those retailers get in trouble. The law literally comes and confiscates all the goods because it's illegal to sell something that is not your license or trademark. And here's a good example of that. We see it commonly with sports teams. So college, like college teams, a lot of it with the Kansas City Chiefs. Oh my goodness. I know all of you Chiefs fans out there love to share your chief stuff, but if anything is trademarked, you can't sell sell it unless you have a license to be selling it. Disney gear, famous artists or movies, Diet Coke cans, Starbucks cans, beer cans, any type of merchandise, Louis Vuitton knockoffs, dupes, Nike dupes. The crap you're buying off of Alibaba that looks like it's Louis Vuitton, but it's not you guys. All of that stuff, if it is famous because it is someone else's brand, someone else's logo, it looks like something someone would buy and spend much more money on, but it's not, then it's illegal and we can't sell it. And I think about it like this. In your own life, if someone were to take a picture of your face and Put it on a T shirt and sell that T shirt for hundreds of dollars and sell multiple of them. And they were making all this money selling T shirts with your face on it, but they weren't giving you a cut of the profits, and it's your face, and you did not give them permission to sell that. Would you be upset? For sure. You would? I would. I'd be like, heck, no. That's my image and likeness, and you're profiting off of it. No way, Jose. So when we are selling things that are popular because it has someone else's brand mark on it, it's the same thing. It is illegal. So that's a trademark infringement. We are infringing on someone's trademark because we do not have permission to be selling those goods. Now, here's where licensing agreements come in. So there are companies, I'll say, like the Dallas Cowboys used to be one of the strictest on their licensing agreements. They would say, okay, there's a certain number of brands who can produce goods with our logo on it. They are licensed to use our logo because our logo is all trademarked. Our sayings are all trademarked, everything. So these companies that are licensed have a license number that goes into the tag of the garment that says, okay, they have permission to be selling this. And I think, in fact, with NFL, it's actually like a little hologram sticker is the way that you know that it's licensed, besides the licensing number being in the tag. So when you as the retailer are buying goods wholesale from a manufacturer and wanting to sell them in your business, you really have to be careful to make sure that these items are licensed and that you have proof of the license. So it's not enough to go to market and for the brand at market to say, hey, here's the licensing agreement. Just want to make sure you know that I'm legal. And it's not enough for you just to say, I assume they're illegal because they're at market, because the markets do not cannot check any of this. I mean, they can't be the product police. They can't go through and know every single product, every single brand has at market. That's not realistic. So you as the buyer have to do your due diligence in what you're buying and bringing into your business. So ask for the licensing agreement, ask for the numbers, make sure they're prominent inside of the tag, and do not sell or market anything that is listed as a dupe or has someone else's image or likeness unless you have permission because it's illegal. So that's it in a nutshell, guys. I would love to hear your thoughts on this. Send me a message over on Instagram, @aj Alderson or @ the Boutique Hub. I see this again and again and I just don't want anyone to have the excuse that they didn't know. Because in this day and age, you've got to know, you've got to protect what you've built. And I don't want you to lose it overnight with a silly mistake of carrying something in your business that yes, you made a couple dollars off of, but it is not worth losing all of your hard earned assets, your brand and the business that you've built over these years. So that's it. Here I am. I'm cheering you on. I'm on your side, you guys. Thanks for tuning in today to the episode. I will see you back here next week. Please subscribe, leave a rating and review. Thanks for being a part of the podcast guys. That's it for five Minute Friday, you guys. I hope you found some quick, actionable steps you can put into play in your business right away. As always, if you're not yet a member of the Boutique Hub, I would love to personally invite you to join us. It's where all all of the daily conversations happen. The up to date what is working now in the industry conversations, the latest trainings, trend reports, discounts, resources and of course access to thousands of wholesale brands that you also know and love. So please take a minute, follow the link in the show notes and we would love to invite you to join us inside of the Boutique Hub.
