Legal Crossroads: Upcycling’s Impact on Luxury Fashion

The fashion industry is one of the most polluting industries in the world. The current focus is on how to reduce the amount of litter that the fashion industry generates. The practice of upcycling emerged as a potential solution few years ago. Those who emphasise the protection of intellectual property often reject the ethicality of upcycling, while those who stress the importance of environmental protection very much welcome it. The aim of the study is to understand the legal challenges posed by upcycling, particularly in the context of trademark law. This study aims to analyse the application of EU trademark law, in particular focus on the doctrine of exhaustion, in the context of upcycling products. This will include an analysis of recent litigation and the implications of sustainability and ethical consumption in the wider context of slow fashion. Based on a qualitative methodology, especially document analysis, case studies and additional stakeholder interview. The study highlights the legal issues raised by upcycling, namely the doctrine of exhaustion of rights, trademark infringement and unfair commercial practices. This paper examines the intersection of upcycling and trademark law, with a particular focus on the European Union’s doctrine of exhaustion. It provides insights into how upcycling can be integrated into the domain of intellectual property rights. Furthermore, this study sheds light on recent legal cases and their implications.