Sneaker Reselling and the Law: What You Need to Know (2024)

Sneaker Reselling and the Law: What You Need to Know (2)

In the bustling world of fashion, sneakers have carved out a niche for themselves. They’re not just footwear anymore; they’re a lucrative business opportunity. But with great opportunity comes great responsibility, mainly, understanding the complex world of sneaker law. This guide aims to demystify the legal landscape of the sneaker industry, providing a comprehensive view of sneaker reselling laws, potential legal pitfalls, and how to navigate them.

In recent years, sneaker culture has transcended sports and fashion, evolving into a thriving global business sector generating tens of billions of dollars worldwide. However, the rapid growth of the sneaker industry has also led to a need for legal knowledge and understanding relative to the sneaker resale industry.

As is the case in other industries, the law sets guidelines and rules for all aspects of the sneaker industry. From intellectual property rights to antitrust laws to taxes and legal remedies, there’s a vast (and growing) array of legal concepts, standards, and guidelines one must follow.

Sneaker Reselling and the Law: What You Need to Know (2024)

FAQs

Is reselling sneakers legal? ›

One of the most common questions in the sneaker industry is — “Is sneaker reselling illegal?” The answer is no, sneaker reselling is not illegal. However, it does come with a set of legal considerations. For instance, understanding the legalities of counterfeiting and intellectual property rights is crucial.

Do you have to pay taxes on sneaker reselling? ›

Grappling with Tax Requirements

Any transactions exceeding $600 through payment platforms may trigger a 1099-K form, necessitating stringent record-keeping and accurate tax reporting (Inverse). Sneaker collectibles are subject to capital gains tax, with long-term gains (over one year) capped at 28%.

How do you know if a sneaker is worth reselling? ›

Some determinants of sneaker value include:
  1. Condition: Sneakers in new, unworn condition will typically have a higher value than those with signs of wear and tear.
  2. Rarity: Rare and limited-edition sneakers are often more valuable than those that are more widely available. ...
  3. Age: ...
  4. Design: ...
  5. Authenticity: ...
  6. Market demand:

Is reselling sneakers ethical? ›

At the end of the day, reselling cannot be 100% ethical because nothing is ethical under capitalism. However, being mindful when it comes to reselling and being well researched in the merchandise you are putting out is the only way we can keep reselling and thrifting morally ethical.

What are the rules for reselling? ›

As long as you are the rightful owner of a product that you paid for, you are allowed to resell any product in a category that is allowed publicly. Examples of items you can't resell without special permits or authorization can include firearms and medical devices.

Will reselling ever be illegal? ›

Yes, in general it's legal to resell other people's products, with exceptions. In general, it's legal to do whatever you want unless there's a law against it. The kind of law that would be likely to restrict your right to resell a product is intellectual property (copyrights, trade marks, patents).

Is it profitable to resell sneakers? ›

The sneaker reselling market is a booming industry that has been experiencing explosive growth. With projected revenues hitting the $11.5 billion mark by the end of 2023, equivalent to 15.3% of the primary snoke aker market, there is no denying the profitability in flipping kicks Sneaker Resale Statistics.

How much are sneaker reselling fees? ›

Lowest fees in the game
  • eBay. 8% final value fee. 0% processing fee. VS.
  • GOAT. $5 seller fee. 9.5% commission fee. 2.9% cash out fee.
  • StockX. $4 seller fee. 9% transaction fee. 3% payment. processing fee.
  • Stadium Goods. 20% commission fee over $125. $25 flat rate commission under $125. 1% payment. processing fee.

Is it illegal to resell fake sneakers? ›

It's illegal to sell counterfeits and they WILL be caught by the authenticity guaranteed then YOU will have to refund the buyer out of YOUR pocket while you wait for the buyers original payment to clear.

Is backdooring sneakers illegal? ›

The term "backdoor" relates to a contentious practice wherein some people or insiders obtain unlawful access to limited-edition sneakers prior to their official public introduction in the dynamic and convoluted world of the sneaker industry.

Does Nike allow reselling? ›

“NIKE Stores, including any consumer rights or policies offered in NIKE Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited.

How much do sneaker resellers make per year? ›

With a sneaker reseller business, you can make an average of $450K revenue per year (based on data reported by real businesses). You can start with an initial investment as low as $5,000. Then, with proper knowledge and sustained effort, you could have an ROI (return of investment) within 10 months.

Is it illegal to sell rep sneakers? ›

If it is a replica of a brand that is put out by a designer house, the reason it's illegal to sell or buy counterfeit items, is because they are being passed off as authentic, Since they are not authentic, there is fraud and misrepresentation involved.

Can you legally resell Nike products? ›

Anyone can sell Nike products, but if you want to use Nike branding in your store and advertising, you'll need to become an authorized reseller. The process is pretty straightforward, provided you have a retail store that carries items that go well with Nike products.

Did Nike ban reselling? ›

No Purchase for Resale

“NIKE Stores, including any consumer rights or policies offered in NIKE Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited.

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