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Thrifting in laymans language, is the practice of purchasing commodities that have not been sold to the primary consumers, or have been used by them and are up for sale again. Naturally, the idea of thrifting clothes is to lengthen the cycle of the apparel and delay its ultimate disposal. A typical thrift market for apparel in India is a street market with vendors selling clothing items that have been discarded by their producers due to defaults as minor as a wrong stitch. These items are available in bulk and are sold at a price much below than what the brand would sell in their outlets otherwise. The growth of social media platforms has also given an opportunity to resellers, especially small businesses, to capitalise on the wide reach. The creation of secondary markets has become a bone of contention between original producers and resellers in mature jurisdictions such as those of the European Union for example, where the intellectual property rights of the former have been demanded for. The Indian legal regimefor trademark protection, however, does not provide solace to brands that aim to protect their nexclusivity and reputation in the domestic thrift market. This article uses statistical tools to assess consumer responses to analyse whether resellers are posed as competitors to brand manufacturers. Further, a model has been proposed to impose product liability on resellers to protect the interests of consumers and brands alike.
Siya Mathur and Isha Katiyar (2026) "REGULATING THE INDIAN THRIFT MARKET: AN ECONOMIC ANALYSIS OF THE TRADEMARKS ACT, 1999", GNLU Journal of Law And Economics : Volume VIII 2025, Issue II
Available at:
https://gnlu.ac.in/GJLE/Publications/REGULATING THE INDIAN THRIFT MARKET: AN ECONOMIC ANALYSIS OF THE TRADEMARKS ACT, 1999
