Freedom of Political Expression as “Due Cause”: The Pending IKEA v. Vlaams Belang Case Before the CJEU

Freedom of Political Expression as “Due Cause”: The Pending IKEA v. Vlaams Belang Case Before the CJEU external link

Kluwer Trademark Blog, 2025

Abstract

The pending IKEA v. Vlaams Belang case before the CJEU offers a key test of how freedom of expression (FoE) interacts with EU trademark law. IKEA sued the Belgian party Vlaams Belang for parodying its name, logo, and colours in a campaign titled “IKEA Plan” (Immigratie Kan Echt Anders—“Immigration Really Can Be Different”). The Belgian Enterprise Court asked the CJEU whether such political parody can constitute “due cause” under EU trademark rules and, if so, which factors should guide that assessment. The hearing took place in June 2025, with the Advocate General’s Opinion expected on 13 November 2025. This post considers the FoE factors identified by the Belgian court—rooted in ECtHR case-law—and their role in the proportionality analysis.

RIS

TY  - BLOG
AU  - Izyumenko, E.
PY  - 2025
DA  - 2025-10-14
T1  - Freedom of Political Expression as “Due Cause”: The Pending IKEA v. Vlaams Belang Case Before the CJEU
JO  - Kluwer Trademark Blog
UR  - https://legalblogs.wolterskluwer.com/trademark-blog/freedom-of-political-expression-as-due-cause-the-pending-ikea-v-vlaams-belang-case-before-the-cjeu/
AB  - The pending IKEA v. Vlaams Belang case before the CJEU offers a key test of how freedom of expression (FoE) interacts with EU trademark law. IKEA sued the Belgian party Vlaams Belang for parodying its name, logo, and colours in a campaign titled “IKEA Plan” (Immigratie Kan Echt Anders—“Immigration Really Can Be Different”). The Belgian Enterprise Court asked the CJEU whether such political parody can constitute “due cause” under EU trademark rules and, if so, which factors should guide that assessment. The hearing took place in June 2025, with the Advocate General’s Opinion expected on 13 November 2025. This post considers the FoE factors identified by the Belgian court—rooted in ECtHR case-law—and their role in the proportionality analysis.
K1  - Freedom of expression
K1  - Politics
K1  - Trademark law
ER  -

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Bibtex

Online publication{nokey,
	title = {Freedom of Political Expression as “Due Cause”: The Pending IKEA v. Vlaams Belang Case Before the CJEU},
	author = {Izyumenko, E.},
	year = {2025},
	date = {2025-10-14},
	journal = {Kluwer Trademark Blog},
	abstract = {The pending IKEA v. Vlaams Belang case before the CJEU offers a key test of how freedom of expression (FoE) interacts with EU trademark law. IKEA sued the Belgian party Vlaams Belang for parodying its name, logo, and colours in a campaign titled “IKEA Plan” (Immigratie Kan Echt Anders—“Immigration Really Can Be Different”). The Belgian Enterprise Court asked the CJEU whether such political parody can constitute “due cause” under EU trademark rules and, if so, which factors should guide that assessment. The hearing took place in June 2025, with the Advocate General’s Opinion expected on 13 November 2025. This post considers the FoE factors identified by the Belgian court—rooted in ECtHR case-law—and their role in the proportionality analysis.},
	keywords = {Freedom of expression, Politics, Trademark law},
}

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AI governance in the spotlight: an empirical analysis of Dutch political parties’ strategies for the 2023 elections external link

Morosoli, S., Kieslich, K., Resendez, V. & Drunen, M. van

Journal of Information Technology & Politics, 2025

Abstract

AI-based technologies are having an increasing impact on society, which raises the question of how this technology will be addressed politically. Thereby, political actors have a dual role to play: They can provide investment to enhance the development and subsequent adoption of these systems while also bearing the responsibility of safeguarding citizens from harm. Hereby, the degree of politicization of the topic, i.e. if a topic is part of the public and political debate, has an immense influence on the political approach to tackle the issue. The more a topic is politicized, the more urgency political parties experience to develop concrete governance approaches. Yet, existing research has not analyzed party programs in terms of discourse around artificial intelligence and policy recommendations. This study focuses on the Netherlands and explores how Dutch political parties discuss AI in their political programs for the 2023 election. We conducted a manual content analysis of all party manifestos for the 2023 elections. Our analysis shows that most parties do not place a big emphasis on AI. And if so, most of the policy proposals are rather reactive to issues that happened in the past, rather than taking a prospective governance approach.

Links

Artificial intelligence, governance, Politics

RIS

TY  - JOUR
AU  - Morosoli, S.
AU  - Kieslich, K.
AU  - Resendez, V.
AU  - Drunen, M. van
PY  - 2025
DA  - 2025-05-13
T1  - AI governance in the spotlight: an empirical analysis of Dutch political parties’ strategies for the 2023 elections
JO  - Journal of Information Technology & Politics
UR  - https://www.tandfonline.com/doi/full/10.1080/19331681.2025.2504519
DO  - https://doi.org/10.1080/19331681.2025.2504519
AB  - AI-based technologies are having an increasing impact on society, which raises the question of how this technology will be addressed politically. Thereby, political actors have a dual role to play: They can provide investment to enhance the development and subsequent adoption of these systems while also bearing the responsibility of safeguarding citizens from harm. Hereby, the degree of politicization of the topic, i.e. if a topic is part of the public and political debate, has an immense influence on the political approach to tackle the issue. The more a topic is politicized, the more urgency political parties experience to develop concrete governance approaches. Yet, existing research has not analyzed party programs in terms of discourse around artificial intelligence and policy recommendations. This study focuses on the Netherlands and explores how Dutch political parties discuss AI in their political programs for the 2023 election. We conducted a manual content analysis of all party manifestos for the 2023 elections. Our analysis shows that most parties do not place a big emphasis on AI. And if so, most of the policy proposals are rather reactive to issues that happened in the past, rather than taking a prospective governance approach.
K1  - Artificial intelligence
K1  - governance
K1  - Politics
ER  -

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Bibtex

Article{nokey,
	title = {AI governance in the spotlight: an empirical analysis of Dutch political parties’ strategies for the 2023 elections},
	author = {Morosoli, S. and Kieslich, K. and Resendez, V. and Drunen, M. van},
	doi = {https://doi.org/10.1080/19331681.2025.2504519},
	year = {2025},
	date = {2025-05-13},
	journal = {Journal of Information Technology & Politics},
	abstract = {AI-based technologies are having an increasing impact on society, which raises the question of how this technology will be addressed politically. Thereby, political actors have a dual role to play: They can provide investment to enhance the development and subsequent adoption of these systems while also bearing the responsibility of safeguarding citizens from harm. Hereby, the degree of politicization of the topic, i.e. if a topic is part of the public and political debate, has an immense influence on the political approach to tackle the issue. The more a topic is politicized, the more urgency political parties experience to develop concrete governance approaches. Yet, existing research has not analyzed party programs in terms of discourse around artificial intelligence and policy recommendations. This study focuses on the Netherlands and explores how Dutch political parties discuss AI in their political programs for the 2023 election. We conducted a manual content analysis of all party manifestos for the 2023 elections. Our analysis shows that most parties do not place a big emphasis on AI. And if so, most of the policy proposals are rather reactive to issues that happened in the past, rather than taking a prospective governance approach.},
	keywords = {Artificial intelligence, governance, Politics},
}

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The regulation of online political micro-targeting in Europe external link

Dobber, T., Fahy, R. & Zuiderveen Borgesius, F.

Internet Policy Review, vol. 8, num: 4, 2020

Abstract

In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.

Links

Advertising, Data protection law, elections, europe, frontpage, Micro-targeting, Politics, Privacy, Regulering, Vrijheid van meningsuiting

RIS

TY  - JOUR
AU  - Dobber, T.
AU  - Fahy, R.
AU  - Zuiderveen Borgesius, F.
PY  - 0116
DA  - 2020-01-16
T1  - The regulation of online political micro-targeting in Europe
JO  - Internet Policy Review
VL  - 8
NV  - 4
UR  - https://policyreview.info/articles/analysis/regulation-online-political-micro-targeting-europe
DO  - https://doi.org/10.14763/2019.4.1440
AB  - In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.
K1  - Advertising
K1  - Data protection law
K1  - elections
K1  - europe
K1  - frontpage
K1  - Micro-targeting
K1  - Politics
K1  - Privacy
K1  - Regulering
K1  - Vrijheid van meningsuiting
ER  -

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Bibtex

Article{Dobber2020,
	title = {The regulation of online political micro-targeting in Europe},
	author = {Dobber, T. and Fahy, R. and Zuiderveen Borgesius, F.},
	doi = {https://doi.org/10.14763/2019.4.1440},
	year = {0116},
	date = {2020-01-16},
	journal = {Internet Policy Review},
	volume = {8},
	number = {4},
	abstract = {In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.},
	keywords = {Advertising, Data protection law, elections, europe, frontpage, Micro-targeting, Politics, Privacy, Regulering, Vrijheid van meningsuiting},
}

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Platform ad archives: promises and pitfalls external link

Leerssen, P., Ausloos, J., Zarouali, B., Helberger, N. & Vreese, C.H. de

Internet Policy Review, vol. 8, num: 4, 2019

Abstract

This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.

Links

Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency

RIS

TY  - JOUR
AU  - Leerssen, P.
AU  - Ausloos, J.
AU  - Zarouali, B.
AU  - Helberger, N.
AU  - Vreese, C.H. de
PY  - 1010
DA  - 2019-10-10
T1  - Platform ad archives: promises and pitfalls
JO  - Internet Policy Review
VL  - 8
NV  - 4
UR  - https://policyreview.info/articles/analysis/platform-ad-archives-promises-and-pitfalls
DO  - https://doi.org/10.14763/2019.4.1421
AB  - This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.
K1  - Advertising
K1  - frontpage
K1  - Micro-targeting
K1  - Platforms
K1  - Politics
K1  - Technologie en recht
K1  - Transparency
ER  -

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Bibtex

Article{Leerssen2019b,
	title = {Platform ad archives: promises and pitfalls},
	author = {Leerssen, P. and Ausloos, J. and Zarouali, B. and Helberger, N. and Vreese, C.H. de},
	doi = {https://doi.org/10.14763/2019.4.1421},
	year = {1010},
	date = {2019-10-10},
	journal = {Internet Policy Review},
	volume = {8},
	number = {4},
	abstract = {This paper discusses the new phenomenon of platform ad archives. Over the past year, leading social media platforms have installed publicly accessible databases documenting their political advertisements, and several countries have moved to regulate them. If designed and implemented properly, ad archives can correct for structural informational asymmetries in the online advertising industry, and thereby improve accountability through litigation and through publicity. However, present implementations leave much to be desired. We discuss key criticisms, suggest several improvements and identify areas for future research and debate.},
	keywords = {Advertising, frontpage, Micro-targeting, Platforms, Politics, Technologie en recht, Transparency},
}

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