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