Abstract
Since 2010, the Federal Trade Commission (FTC), Department of Justice (DOJ), legislators, and activists have jointly worked together to implement consumer rights in repairing personal property on both a state and federal level in the United States. These efforts have largely targeted the automobile and technology industries; these sectors have been known to “tie” their goods to authorized repair services, limiting consumer choice on where, how, and when to repair their goods. However, this issue is not limited to the automobile and technology industries, as luxury watches have gained newfound popularity, creating right to repair issues within the industry.
Despite the FTC’s stance and caselaw on the intersection of antitrust and intellectual property law, the luxury watch industry has maintained its firm grip over its right to control repair and distribution of parts. By claiming that its livelihood depends on the success and preservation of its trademarks and patents, the luxury watch industry has persuaded the courts that permissible repair can easily be interpreted as impermissible reconstruction. This Comment will delve into how the luxury watch industry weaponizes intellectual property to bypass right to repair and discuss possible solutions.