Fordham Law Professor Susan Scafidi, director of the Fashion Law Institute, is quoted in a Business of Fashion article describing what is possible for brands who don’t want their goods sold on Shein.
What can brands do if they don’t want their goods sold on Shein? Not much, according to Susan Scafidi, founder and director of the Fashion Law Institute at Fordham Law School.
“Under the first sale doctrine in the US, once goods are placed in the stream of commerce, brands have little control over their resale … as long as the goods are genuine, their sale is usually legal,” she said.
“The system isn’t perfect, and the Whac-A-Mole analogy is brand protection professionals’ favourite cliche,” Scafidi said, “but brands also work with online service providers, payment processors, and law enforcement to address trade in counterfeits.”
Read “How Shein Wound Up in the Luxury Fashion Business” in Business of Fashion.