Stephen Barrett (Partner-New York, NY) and Gabriela Rios (Associate-New York, NY) coauthored “Chanel TM Ruling Shows Resellers Must Tread Carefully,” which appeared in the April 30, 2024, posting of Law360 under Expert Analysis. Stephen and Gabriela note that “… a relevant aspect of reselling is the need to use the original brand's trademark as a source identifier to refer to the specific item being sold. This practice is known as nominative fair use, which is permitted so long as there is no likelihood of confusion about the source of the reseller's products or the mark holder's sponsorship of, or affiliation with, the reseller.” In their article, they caution that while replicas and knockoffs have always been around, technology has made it possible for nefarious actors to create so-called “superfakes” that are extremely similar to the authentic items. “Given these concerns, where brand owners are not involved in a resellers' product authentication process, they will continue to litigate where the line should be drawn for nominative fair use.”