Upcycling and Infringement: Cut From the Same Cloth?
Two ways brands can strike that balance is by seeking reasonable injunctions limited to use of recycled fabric containing their marks, and by taking beneficial ownership of upcycling opportunities and unauthorized upcycling.
August 26, 2024 at 08:03 AM
9 minute read
Special SectionsNovember 2023 marked the Kiss Heard Round The World—at least for Taylor Swift fans—when the ubiquitous popstar and her NFL boyfriend Travis Kelce shared their first public kiss. That kiss also set off chatter about Kelce's shirt, a bold silk cabana piece designed by one of the Chiefs' players favorite designers, J. Logan Horne. Fittingly (at least, for now) covered in hearts, the garment was stitched together from three designer scarves. Shortly before the KHRTW, Kelce had been widely photographed in a flamingo print shirt created by Horne … yet prominently bearing Chanel's famous interlocking "C" trademark. Horne has said that he enjoyed "astronomical" exposure resulting from Kelce's fashion picks. That is, until Chanel sent a letter demanding Horne cease selling products bearing Chanel's marks.
Months later, during one of the coldest games in playoff history, Swift wore a bright red puffer jacket to watch Kelce play. The puffer was designed by Kristin Juszczyk, but just like the Horne shirt, contained third party trademarks taken from other garments. Indeed, when the cameras cut to Swift, NFL announcers initially misidentified the source of her jacket. Upon her identification as the designer, fans flooded Juszczyk with requests. Less than a month later, the NFL announced a licensing deal with Juszczyk.
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