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

7 Pages Posted: 19 Dec 2024 Last revised: 3 Jan 2025

See all articles by Pedro Dias Venâncio

Pedro Dias Venâncio

University of Minho - Research Centre for Justice and Governance (JusGov)

Date Written: December 09, 2024

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

Suggested Citation

Venâncio, Pedro Dias,  O esgotamento da Marca de Moda & o direito de oposição à revenda (The Exhaustion of the Fashion Brand & the Right to Oppose Resale) (December 09, 2024). JusGov Research Paper No. 2024-18, Available at SSRN: https://ssrn.com/abstract=5064103 or http://dx.doi.org/10.2139/ssrn.5064103

Pedro Dias Venâncio (Contact Author)

University of Minho - Research Centre for Justice and Governance (JusGov) ( email )

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