Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blockchain authentication (1)
- Consumer contracts (1)
- Consumer law (1)
- Contracts (1)
- Counterfeiting (1)
-
- E-commerce (1)
- Fashion law (1)
- First sale doctrine (1)
- Form contracts (1)
- Internet contracts (1)
- Lanham Act (1)
- Luxury fashion (1)
- Luxury industry (1)
- Online disinhibited contracts (1)
- Online disinhibition effect (1)
- Online merchants (1)
- Resale clothing (1)
- The RealReal (1)
- Trademark law (1)
- Trademarks (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Online Disinhibited Contracts, Wayne R. Barnes
Online Disinhibited Contracts, Wayne R. Barnes
Pepperdine Law Review
There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
Pepperdine Law Review
Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …