It has long been the principle that trademark law aims to prevent consumer confusion about the origin of goods.[1] The first sale doctrine in Trademark Law allows a purchaser to resell a trademarked product without incurring liability for trademark infringement, provided the product is genuine and unaltered.[2] With the rise of sustainability in fashion, the secondary resale market has begun to blossom globally, with many of the largest retailers in the world adopting more circular business models.[3] “Upcycling is the act of converting old or outdated resources into value”.[4] ThreadUp, an upcycling e-marketplace, did a study in 2023…
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