Why are luxury brands waging war on the ‘upcycled’ clothing market?

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Major luxury players have historically been wary of the secondary market, concerned it could damage their carefully controlled hold on brand distribution and image.

— A little over a year ago, NFL player Travis Kelce stepped out in a flamboyant silk shirt emblazoned with two barrel-chest-sized pink flamingos and trimmed across the bottom with a giant Chanel logo. The design was upcycled from vintage Chanel scarves by stylist Logan Horne, whose brand, J. Logan Home, specializes in refashioning heritage luxury accessories.

But these steps still may not be sufficient to counter arguments of copyright or trademark infringement, according to lawyers. And while the legal frameworks protecting companies’ intellectual property are well established, whether the sustainability benefits of upcycling should be weighed against these hasn’t really been tested. “If we want to move from a linear to a circular economy, we need to upcycle,” said Irene Calboli, a professor of law at Texas A&M University.

 

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