EU Court Rules Inter IKEA Can Sue Belgian Party Over Campaign Trademark Use

The European Union’s highest court has ruled that trademark holder Inter IKEA can pursue legal action against a Belgian anti-immigration party over its use of the brand in political campaigning.

In a ruling issued on Tuesday, the Court of Justice of the European Union stated Inter IKEA could oppose the use of its trademarks and graphics resembling Swedish retailer assembly manuals, provided the Vlaams Belang party cannot establish that freedom of expression overrides the brand owner's rights.

The decision follows a request for legal clarification from a Belgian court after Inter IKEA initiated infringement proceedings in 2023 against Vrijheidsfonds, the association behind campaigns for Vlaams Belang.

The group ran a campaign in 2022 featuring signs mimicking IKEA trademarks alongside visuals styled after its instruction leaflets.

Based in Luxembourg, the Court of Justice of the European Union stated that citing freedom of expression alone does not justify using a famous trademark without permission.

It added that the display was likely to damage the brand’s reputation and commercial interests, appearing intended chiefly to trade on IKEA’s renown to boost a political message.

The litigation now returns to the Belgian Business Court in Brussels, which must judge whether the trademark use was lawful under EU trademark regulations in light of the new guidance.

Vlaams Belang said its campaign association noted the ruling and "will thoroughly study its scope in the context of the further legal proceedings". IKEA did not immediately respond to requests for comment.

IKEA’s legal triumph comes just weeks after it announced plans to launch a new marketplace platform for its second-hand furniture and homewares.

The Swedish retail giant said it hopes the platform will make it “as seamless as possible” for consumers to buy and sell their pre-owned Ikea products.

It has not confirmed a launch date for the UK platform but said it would provide more details “in the coming months”.

Members of the firm’s membership scheme, Ikea Family, will be able to connect with other customers through the platform.

The furniture giant has already launched trials of second-hand marketplace services in other countries, including Spain and Norway.

An Ikea spokeswoman said: “At Ikea, we are always looking for new ways to make life at home even better and help our customers discover products they love.

“With the launch of Ikea second-hand marketplace in the UK, we’re taking a meaningful step toward creating a destination that simplifies access to pre-owned Ikea furniture.

“We’re creating a trusted and vibrant space to make it quick and easy for our Ikea Family members to trade directly with one another.”