Ikea wins right to pursue legal action over use of branding by Belgian political party

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Ikea has won the right to pursue legal action against Belgian political party Vlaams Belang after it used the furniture giant’s trademarks and distinctive branding in an immigration campaign.

The Court of Justice of the European Union ruled that the Swedish company could oppose the use of its branding after Vlaams Belang incorporated Ikea-inspired graphics into political material published in 2022.

The campaign, dubbed the “IKEA-PLAN”, set out proposals to reform Belgium’s asylum and immigration system and featured imagery resembling the retailer’s well-known assembly instructions, alongside its distinctive blue-and-yellow branding.

Ikea subsequently launched proceedings against Vrijheidsfonds, the association behind Vlaams Belang, arguing that the campaign had made unauthorised use of its trademarks.

Vlaams Belang claimed its use of the branding was protected by freedom of expression.

However, the EU’s highest court said national judges must balance freedom of expression against the rights and interests of a trademark owner, with neither right considered absolute.

The CJEU said the use of Ikea’s trademarks in this case could cause “significant detriment” to the reputation of the brand and indicated that using a well-known trademark primarily to increase the reach of an unrelated political message would not necessarily outweigh the retailer’s rights.

The judgment does not settle the dispute itself, with the final decision now set to be determined through further proceedings in the Belgian courts.

Inter Ikea said it “fully believes in – and deeply respects – freedom of expression”, but added that it could not accept its trademarks being used in ways that damaged their reputation or distinctive character.

Vlaams Belang said it had taken note of the judgment and would study its implications ahead of the next stage of the legal proceedings.

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Ikea wins right to pursue legal action over use of branding by Belgian political party

Ikea has won the right to pursue legal action against Belgian political party Vlaams Belang after it used the furniture giant’s trademarks and distinctive branding in an immigration campaign.

The Court of Justice of the European Union ruled that the Swedish company could oppose the use of its branding after Vlaams Belang incorporated Ikea-inspired graphics into political material published in 2022.

The campaign, dubbed the “IKEA-PLAN”, set out proposals to reform Belgium’s asylum and immigration system and featured imagery resembling the retailer’s well-known assembly instructions, alongside its distinctive blue-and-yellow branding.

Ikea subsequently launched proceedings against Vrijheidsfonds, the association behind Vlaams Belang, arguing that the campaign had made unauthorised use of its trademarks.

Vlaams Belang claimed its use of the branding was protected by freedom of expression.

However, the EU’s highest court said national judges must balance freedom of expression against the rights and interests of a trademark owner, with neither right considered absolute.

The CJEU said the use of Ikea’s trademarks in this case could cause “significant detriment” to the reputation of the brand and indicated that using a well-known trademark primarily to increase the reach of an unrelated political message would not necessarily outweigh the retailer’s rights.

The judgment does not settle the dispute itself, with the final decision now set to be determined through further proceedings in the Belgian courts.

Inter Ikea said it “fully believes in – and deeply respects – freedom of expression”, but added that it could not accept its trademarks being used in ways that damaged their reputation or distinctive character.

Vlaams Belang said it had taken note of the judgment and would study its implications ahead of the next stage of the legal proceedings.

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