January 11, 2024

Munger, Tolles & Olson Partner Zach Briers Quoted in World IP Review and Vogue Business Articles Discussing Chanel’s Trademark Infringement Lawsuit Against WGACA

Munger, Tolles & Olson partner Zach Briers was quoted in Vogue Business’ recent article titled “Chanel is taking What Goes Around Comes Around to court. Here’s what to know” and World IP Review’s recent article, “Resale of the Century: Why Luxury Brands Are Watching Chanel vs WGACA.” The articles discuss an upcoming trademark infringement trial that could have big implications for how resellers use a brand’s name when promoting secondhand products.

The trial involves the French luxury house, Chanel, which has brought suit against secondhand retailer What Goes Around Comes Around (WGACA) on trademark infringement and false association claims. The case raises interesting questions regarding the “nominative fair use” doctrine under trademark law, and is being closely watched by the fashion industry for its implications regarding the secondhand market for luxury goods.

“Chanel contends that WGACA used the Chanel mark extensively in its marketing and social media campaigns, which far exceeded the uses necessary to accurately identify the products, and which inaccurately suggested that Chanel endorsed or authorised WGACA’s activities,” Mr. Briers told Vogue. “WGACA contends that it only used the Chanel mark to accurately advertise genuine Chanel products that it was reselling at secondhand.”

Read the full Vogue Business article.

Read the World IP Review article. (Subscription may be required)