A moda de luxo e o seu mercado secundário: uma análise sob a ótica do direito marcário e concorrencial

Abstract

The study aimed to analyze the conflict between luxury fashion and the secondhandluxuryfashion market by examining the two legal actions taken by Chanel against the prominent retailers in North America's secondhand luxury market: What Goes Around Comes Around(WGACA) and The RealReal (TRR). The objective was to understand howthis secondarymarket influences luxury fashion brands, given that both niches involve business modelsselling products of similar or equivalent value. The formulation of the problemarises fromthe guiding question: How does the second-hand luxury fashion market influence luxuryfashion brands and vice versa? The initial hypotheses are that this influence would be unfaircompetition or a democratization of fashion.The general objective of the study is toanswerthis question. Trademark and Competition Law play a crucial role in protecting intellectual property and ensuring fair competition, aligning with the interests of consumers for amoredemocratic and sustainable consumption experience. The steps to achieve the final answerformed the specific objectives, bringing some of the founding elements of what is todaycalled Fashion Law: identifying historical and sociological foundations of the two businessmodels, understanding intellectual property aspects, and evaluating barriers and possibilitiesrelated to the integration of luxury and sustainability Luxury thrift stores can be an optionforreconciling new consumer desires, offering circularity to existing items at lower prices, promoting accessibility, and a perceived democratization of luxury. However, not mischaracterizing the strength of these brands and their market power are big challenges. Thestudy was based on bibliographic, documentary and case study methodology. The conclusionindicates that, although the sale of used products is not illegal, it is a business with different particularities to those of traditional retail; the lack of specific provisions to deal withthisissue, under Brazilian Law, leads to its inadequacy in many real cases, puttingasideresolutions that would actually be effective. The importance, therefore, of studies anddebateson the peculiarities of this clash is reinforced.