Fashion Upcycling—Permissible Creativity or Trademark Infringement?
Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.
August 26, 2024 at 08:01 AM
8 minute read
Special SectionsUpcycling, the act of repurposing or embellishing an article of apparel or an accessory that already bears a trademark, is a popular and growing fashion trend. It allows consumers to express their own style and, by reusing existing materials, can have environmental and sustainability benefits. Upcycling has received significant attention when a famous brand is embellished or repurposed and sold at a price point which is significantly higher than the original branded product. Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.
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