Taft partner Rachel Smoot's article "Can Brands Stop Retail? Lessons from Chanel v. The RealReal and the First Sale Doctrine" was recently published in the Columbus Bar Lawyers Quarterly, Summer 2026 edition.
The article examines the first sale doctrine and its application to the luxury resale market through the ongoing legal dispute between Chanel and The RealReal (TRR). It explores how trademark law balances the rights of brand owners with the ability of consumers and resale businesses to legally resell authentic products.
The Chanel–TRR litigation is shaping the legal boundaries of the luxury resale industry. While courts continue to recognize the protections afforded by the first sale doctrine, they are also emphasizing that those protections do not extend to misleading representations about authenticity or affiliation. The outcome of the case may significantly influence how luxury resale businesses market, authenticate, and sell branded goods in the future.
Read the article here.
Rachel is a partner in Taft's Intellectual Property and Litigation practice groups, representing clients at all stages of trademark, copyright, commercial and general litigation matters. Rachel also has significant experience in advising clients on legal matters relating to intellectual property enforcement, dispute resolution and infringement issues. Her clients include non-profits, private companies and individuals.