O esgotamento da Marca de Moda & o direito de oposição à revenda (The Exhaustion of the Fashion Brand & the Right to Oppose Resale)

Abstract

This article corresponds to the presentation made under the same theme at the 1st Iberian Conference on Registration and Intellectual Property (I CIRePI), which took place online on December 11, 2020, and which we have updated in the light of subsequent legislative changes and doctrinal references. It is for this reason an essentially expository text that, more than seeking solutions, raises questions for debate. In this case, we question to what extent a proprietor of a fashion trademark can oppose the resale of a product on which its exclusive has already “exhausted” due to its legitimate marketing within the European economic area. We conclude that the jurisprudence has had in this regard a very limited understanding of this right of opposition, admitting it only when there is an unfair behavior of the dealer.

Note: Downloadable document is in Portuguese.

Keywords: trademark, exhaustion, fashion, marca, moda, esgotamento