Resale and consignment shops are getting emails from Shopify's Trust & Safety team about selling "branded or trademarked products" without authorization, naming brands like Disney, Funko, Gucci, Prada and Sony. If you sell authentic secondhand goods, you are almost certainly fine. You just need to respond the right way. Here is what the notice means, why reselling is legal, and the exact steps to keep your store and payouts safe.
This article is general information for resellers, not legal advice. Trademark and consumer-protection law varies by country and state, and Shopify's policies change. For a high-value catalog or a disputed suspension, talk to an attorney licensed in your area.
What the Shopify notice actually says
The email usually comes from risk-management@shopify.com or Shopify's Trust & Safety team. It says something like: "It has been reported that your store is selling branded or trademarked products. Our banking partners require us to verify your authorization to sell these goods." It lists example brands and notes they are examples only, the review applies to all branded products, then gives you a deadline to act.
The notice is legitimate and automated. Shopify's systems look for stores that resemble counterfeit or unauthorized first-party sellers, and the review is triggered by signals rather than a human deciding you did something wrong. The catch: the email is written for retailers who sell new branded inventory, so the default framing ("prove you're authorized") does not fit a resale shop. Your path is different, and it is built into the form.
Act inside your Shopify admin or the official ticket. Phishing emails imitate these notices. Do not upload documents through links you cannot confirm. Log in to your admin and look for the attestation task, or reply directly to the support ticket.
The notice gives you three ways out
The notice asks you to do one of the following by the deadline. For a resale or consignment shop, the third option is usually the right one.
- Provide documentation. Upload written authorization from the rights holder, supplier agreements, or retail invoices from authorized distributors. This is meant for stores selling new branded inventory. Most resellers cannot produce this, and that is fine, because it is not your route.
- Delete the products. If you cannot document authorization and do not qualify as a seller of authentic used goods, remove the flagged products. For a genuine resale shop this is the last resort, not the first.
- Disclose as pre-owned. If the branded items are preowned or secondhand, say so clearly in the product description so customers know they are not brand-new first-party goods. This is the path that fits resale, consignment, thrift and vintage stores.
Why reselling authentic branded goods is legal
The legal backbone of every resale business is the first sale doctrine (also called trademark exhaustion). In plain terms: once a brand sells a genuine product, its control over that specific item ends. A customer, or a consignment shop, can resell it without the brand's permission. Selling a real, used Gucci bag is not trademark infringement, because the trademark still tells the truth about who made it. There is no confusion about the maker, so there is no violation.
This is why Shopify's own form has an option for authentic used products. They are not banning resale, they are trying to separate legitimate secondary-market sellers from counterfeiters and unauthorized gray-market importers. Your job is to clearly land yourself in the first group.
The limits you need to respect
First-sale protection is not unlimited. It can fall away when the goods are not genuine (counterfeits get no protection at all), when the item is materially different from the original (repackaged, missing its warranty, altered or refurbished), when you bypass the brand's quality controls (testers, samples, "not for resale" units), or when your marketing implies affiliation or endorsement. Authenticate before you list, sell items as they came, and never imply you are an official outlet.
What each attestation checkbox really means
The "Attestation for the sale of branded or trademarked products" form asks you to confirm one or more statements. Only check what is actually true for your store.
- "The branded products on my store are authentic used products." This is the one for most resale and consignment shops. You are attesting the items are genuine and pre-owned, exactly what the first sale doctrine protects.
- "I am an authorized reseller of the branded products." Authorized means the brand or its distributor gave you the right to sell their products. A registered shop or a sales-tax permit does not make you authorized. Do not check this unless you genuinely have brand authorization.
- "I own the rights to the products on my store." This is about owning the trademark or IP, i.e. you are the brand. A resale shop almost never owns the rights to Gucci or Disney, so leave this unchecked.
- "I have removed all branded products that don't meet the above." Check this only after you have actually pulled anything you cannot stand behind as authentic and properly disclosed.
Do not over-claim. Checking "authorized reseller" when you are not can create a bigger problem than the original flag. The honest, defensible position for a resale shop is almost always "authentic used products" backed by your records.
But my consignment items are new with tags
A new-with-tags (NWT) item that came in through consignment is still a secondhand acquisition. Someone else owned it before you, and you did not buy it from the brand's authorized distribution. That means the "authentic used products" framing still applies even when the condition is pristine. Describe it precisely, for example "New with tags, secondhand sourced, authenticated," which communicates condition and makes clear you are not posing as a first-party retailer. When in doubt, disclose more.
Your 5-step response plan
- Note the deadline and find the form. Log in to your Shopify admin or open the official ticket and locate the attestation task. Deadlines are short and inaction triggers product suspension or payout holds. Reply to the ticket if anything is unclear, since Trust & Safety can take 2 to 3 business days.
- Complete the attestation as a seller of authentic used goods. Check the "authentic used products" statement, not "authorized reseller," unless you truly hold brand authorization.
- Add condition disclosure to every branded listing. Put "Pre-owned," "Secondhand," or "Used, authentic" clearly in the description and ideally the title. This is literally the action the notice asks for, and it protects you with customers too.
- Remove the signals that got you flagged. Where practical, take brand names out of product titles and your domain, replace copied manufacturer descriptions with your own words, and avoid stock imagery or logos that imply you are an official outlet. Photograph the actual item.
- Have your authenticity and sourcing proof ready. Keep intake records, consignment agreements, purchase receipts, and authentication notes organized so you can respond fast if Shopify asks for documentation or places a payout hold.
How ResaleOS helps you stay compliant
The reason resale shops get flagged is messy, inconsistent listings. ResaleOS is the operating system for resale and consignment businesses: it tracks each item's condition and acquisition source, records consignment intake and authentication notes, and pushes clean, consistent product data to your Shopify storefront, so every branded item carries an honest condition label instead of copied manufacturer copy. When Shopify asks how you sourced something, the record is already there. Start a free trial or see how the online storefront works.
Frequently asked questions
Is the email from risk-management@shopify.com a scam?
No. Notices from Shopify's Risk Management or Trust & Safety team about branded or trademarked products are legitimate. Shopify's automated systems flag stores that appear to sell branded goods, and the email asks you to complete an attestation form (and sometimes upload documents) by a deadline. That said, always act inside your own Shopify admin or by replying to the official ticket rather than clicking unfamiliar links, because phishing emails do imitate these notices.
Is it legal to resell branded items without the brand's permission?
In the U.S., generally yes. The first sale doctrine says that once a trademark owner sells a genuine product, they cannot stop you from reselling that specific item. Reselling authentic, unaltered secondhand goods is not infringement because the mark still correctly identifies the original maker. The protection has limits, but a consignment or resale shop selling genuine pre-owned goods is squarely within it.
I sell authentic used goods. Which attestation option do I pick?
Choose the option attesting that your branded products are authentic used products. You are confirming the items are genuine and pre-owned, not that you are an authorized retailer of new goods. Be ready to back it up with intake records and authentication notes if Shopify asks.
Are new-with-tags consignment items preowned?
For Shopify's purposes, the key question is whether the item is genuine and whether you acquired it on the secondary market rather than from the brand's authorized distribution. A new-with-tags item that came in through consignment is still a secondhand acquisition. Describe it honestly so customers know it is not a first-party sale.
Will Shopify hold my payouts over this?
They can. In some cases Shopify Payments places payouts on hold until you complete the attestation and provide documentation. Respond before the deadline, complete the attestation accurately, and reply to the open support ticket. A clean, fast response is the quickest way to get holds released.
What happens if I ignore the notice?
Shopify may suspend the flagged products, place your Shopify Payments account or payouts on hold, or disable the store to stop further sales. Even if you believe you were flagged in error, act on the products and submit the attestation by the deadline, then sort out the disagreement through the ticket.
