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In January 2020, Jade Myers, a successful seller of secondhand clothes on Poshmark, came across a trove of designer swimwear and apparel at a thrift store that she knew would be a hit with her shoppers. She shelled out for dozens of pieces, prepared and photographed them, and listed them on her shop, Ornamental Stone. Within days, the listings turned into an intellectual property nightmare.
The pieces Myers found and purchased for resale were from the buzzy brand Onia x WeWoreWhat, designed by fashion influencer Danielle Bernstein. After Bernstein was alerted to the Poshmark listings, she jumped into Myers’ Instagram DMs to beg her to take the products down — they were unreleased samples that had been mistakenly donated to charity by the brand. But when the two weren’t able to reach an agreement on payment after Myers pulled the listings to sell back to the brand, Bernstein took the legal route: lawyers representing the label sent a letter claiming Myers was infringing on their trademarks and copyrights by hosting the goods on her store. Now Myers’ revenue was at risk, and Bernstein was threatening to have her entire Poshmark shop shut down.
“In my head, I had already accepted the idea that I was going to lose my business,” Myers says. “That’s the point of desperation and sadness that I felt.”
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