ECJ strengthens IKEA in trademark dispute against right-wing extremist Vlaams Belang

The Belgian nationalist party Vlaams Belang probably wanted to present its program on immigration policy in November 2022 in a particularly funny way. At a press conference she presented the so-called IKEA plan.

She used the Swedish furniture store's lettering and presented her 15 suggestions on the topic of immigration in the style of an IKEA assembly instructions - including the well-known cartoon characters who usually screw together the boards of shelves and beds. The party then distributed the press conference on social media.

IKEA is suing for trademark infringement

IKEA didn't like that at all, after all the company logo and the cartoon characters were protected trademarks that the party had used without permission.

And so the furniture company sued the relevant "corporate court of Brussels" against the association that was responsible for the party's advertising campaign. She invoked freedom of expression and spoke of a political parody that allowed the registered trademark to be used without authorization.

ECJ demands consideration

The Brussels court referred questions about the dispute to the European Court of Justice because it concerns European law. The ECJ has now clearly rejected the unsolicited use of the IKEA trademark.

Freedom of expression could certainly be a reason to use a trademark without permission. This is possible, for example, according to the judges, if a trademark is used to convey an opinion that is already associated with this trademark and the company.

The company does not have to accept use for right-wing extremist goals

Unsolicited use is not permitted if it is likely to cause disproportionate harm to the brand owner, i.e. the company. But this is the case here.

People may get the impression that IKEA supports the political ideas of Vlaams Belang, even though this contradicts the company's values. That's why the company - despite Vlaams Belang's freedom of expression - does not have to accept its use.

The court in Brussels must now finally decide on the outcome of the proceedings. According to the ruling from Luxembourg, the result is more than predicted.