How courts are drawing the line on luxury upcycling: a voyage across three jurisdictions

Reselling an original luxury product is generally protected, but what happens when a company dismantles it, rebuilds it into a new commercial product, and continues to use the original brand’s marks? Mustafa Qazi outlines recent court decisions in China, South Korea, and France that draw clearer legal boundaries around luxury upcycling.

This article was originally published in The Trademark Lawyer magazine.

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Upcycling has become one of fashion's favorite words. It sounds virtuous, sustainable, and creative. Rework something old into something new, and you keep it out of landfill while making a fresh design statement. But over a little more than a year, courts in China, South Korea, and France have all been asked the same underlying question. Does taking apart a genuine luxury item and turning it into something else give you the right to keep using the original brand's name, its marks, and in some cases the copyright attached to it? Four separate rulings across three countries now answer that question, drawing a clearer line than many upcyclers expected.

Let's sail from east to west, port by port, and see what each case says.

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