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Fashion Upcycling and Trademark Infringement: A Circular Economy/Freedom of the Arts Approach download
Abstract
Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing: using second-hand garments as raw materials for new creations, upcyclers can ransform used pieces of clothing into new fashion products that may become even more sought-after than the source material. Considering the overarching policy objective to ensure a circular economy, the use of trademark-protected fashion elements for upcycling purpose can be qualified as a particularly important form of artistic expression. The reference to products of the original trademark owner is made for the socially valuable purpose of providing a vision of better, more sustainable production and consumption practices.
Links
Fashion, infringement, Trademark law, upcycling
RIS
Bibtex
Annotatie bij Hof van Justitie van de Europese Unie 9 november 2023 (Google Ireland, Meta Platforms Ireland, Tik Tok Technology / Kommunikationsbehörde Austria (KommAustria)) download
Human Rights in Technology — A Need for a New Norm external link
Abstract
The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet.
Human rights, Technology and law
RIS
Bibtex
Freedom of Political Expression as “Due Cause”: The Pending IKEA v. Vlaams Belang Case Before the CJEU external link
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