Balancing a Circular Economy with Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing

Authors

Olivia Dinkins

First Page

141

Abstract

The growing demand for sustainable fashion, particularly among younger consumers, has led to a surge in upcycling practices that repurpose pre-existing materials, often featuring luxury brand trademarks. While upcycling may support a circular economy and artistic innovation, it poses complex legal challenges for trademark owners, especially concerning consumer confusion, dilution, and the use of counterfeit materials. This Note explores the intersection of trademark law and sustainability in the luxury fashion sector, highlighting the tension between environmental responsibility and intellectual property protection. This Note first analyzes the way various courts have confronted these issues and the limitations of doctrines like first sale and disclaimers. Next, this Note proposes a comprehensive upcycling licensing framework. This model offers a pathway for luxury brands to collaborate with upcyclers while maintaining strict control over brand integrity, quality standards, and legal compliance. Lastly, the proposed solution aims to harmonize brand protection with ecological innovation, ensuring that sustainability efforts are genuine, ethical, and mutually beneficial.

Recommended Citation

Olivia Dinkins, Balancing a Circular Economy with Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, 20 Brook. J. Corp. Fin. & Com. L. 141 (2025).
Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol20/iss1/9