Brand Authenticity and Affiliation Disclaimer

Stefany Bags Shoes and More

At Stefany Bags Shoes and More, we are dedicated to the curated selection and sale of pre-owned, vintage luxury items, featuring an array of distinguished brands such as Gucci, Yves Saint Laurent (YSL), Dior, Chanel, Fendi, Bottega Veneta, and Valentino. We hereby clarify that our enterprise operates as an autonomous retail entity, distinct and separate from these brands, ensuring clarity and integrity in our business identity and operations (1).

Our utilization of brand names in product descriptions aligns with legal precedents recognizing the right to use trademarked names for truthful and non-deceptive product identification. This right is derived from the concept of 'nominative fair use,' a legal doctrine permitting the use of another's trademark to describe the trademark owner's product, provided there is no likelihood of confusion about the product's origin. Notable cases such as New Kids on the Block v. News America Publishing, Inc. (971 F.2d 302, 1992) have articulated the nominative use test, allowing for the use of a trademarked name to describe a product, provided that the use does not imply endorsement by the trademark owner and is necessary to describe the product. Additionally, in Tiffany (NJ) Inc. v. eBay Inc. (600 F.3d 93, 2010), the court examined the usage of brand names in the context of online sales, acknowledging that the use of a trademark in an online platform can be permissible under certain conditions (2).

In accordance with the established legal principle of the First Sale Doctrine, as endorsed by key federal court decisions, our enterprise engages in the resale of authentic products subsequent to their initial market introduction. This doctrine, as elucidated in landmark cases such as Kirtsaeng v. John Wiley & Sons, Inc. (568 U.S. 519, 2013) and Impression Products, Inc. v. Lexmark Int’l, Inc. (816 F. 3d 721, reversed and remanded, 2017), forms the legal bedrock of our business model, authorizing the resale of these items without infringement upon intellectual property rights (3).

We adhere strictly to the tenets of trademark law, aligning our practices with the rigorous standards set forth in pertinent Massachusetts state court decisions. Our commitment to the authenticity of our products is matched by our dedication to transparency, ensuring that the provenance and condition of each item are accurately represented, as per the legal standards established in cases such as BELTRONICS USA INC v. MIDWEST INVENTORY DISTRIBUTION LLC LLC (2009) and Le Fort Enterprises, Inc. v. Lantern 18, LLC (2023) (4).

Please be advised that while the authenticity of each item is assured, the original manufacturers' warranties may not be applicable to these pre-owned, vintage products. Our guarantee is confined to the authenticity and lawful acquisition of these items, as per the aforementioned legal principles (5).

Stefany Bags Shoes and More remains steadfast in its commitment to legal compliance, customer satisfaction, and the provision of high-quality, authentic vintage luxury items.

References:

  1. Independent Retail Operation: Declaration of Non-Affiliation with Brand Entities
  2. Nominative Fair Use: Legal Precedents in Trademark Law - New Kids on the Block v. News America Publishing, Inc. and Tiffany (NJ) Inc. v. eBay Inc.
  3. First Sale Doctrine: Legal Foundation for Resale - Federal Court Decisions Kirtsaeng v. John Wiley & Sons, Inc. and Impression Products, Inc. v. Lexmark Int’l, Inc.
  4. Adherence to Trademark Laws: Compliance with State Court Decisions - BELTRONICS USA INC v. MIDWEST INVENTORY DISTRIBUTION LLC LLC and Le Fort Enterprises, Inc. v. Lantern 18, LLC
  5. Authenticity and Warranty Disclaimer for Vintage Products