Entities and individuals have been reselling used clothing, jewelry, handbags, and shoes for decades in the form of thrift shops, consignment stores, flea markets, and garage sales. See Renae Reints, “The Resale Market Is Taking Over Fast Fashion, Report Says,” Fortune (March 19, 2019). Currently, consignment, secondhand outlets, and online secondary resellers of luxury goods are big business with entities such as TheRealReal (TRR), thredUP, What Goes Around Comes Around (WGACA), Vestiaire Collective, Tradesy, Re Bag, eBay, and others providing online and sometimes in-store sales of luxury goods. Consumers can purchase high-ticket items such as Chanel, Hermes, Celine, Rolex and more. Some entities even provide assurances of authenticity such as TRR and WGACA. See “What is your authentication process?” The Real Real (Dec. 21, 2018).

Unfortunately, not all products sold are genuine, and brand owners cannot control the secondary market sales of their products. Some fashion houses welcome these booming businesses to perpetuate their brand recognition; however, others are not pleased and believe that the sale of their branded items with the assurance that they are “authentic” runs afoul of their intellectual property and business rights.

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