15/09/2026 Jurisprudence

The IKEA case and the limits of the political use of a renowned brand

The Court of Justice of the European Union has ruled on the use of IKEA brands in a Belgian political campaign. The ruling of September 8, 2026, Case C-298/23, discusses how freedom of expression and the rights of the reputable brand holder should be weighed when a third party uses their communication force without consent.

Original on LinkedIn 03/10/2026 Check original publication

Freedom of expression requires a concrete assessment

The court admits that there may be a fair cause related to freedom of expression, but its mere invocation is not enough.

The purpose and context of the use, its good faith, the connection with a debate of general interest and the damage to the brand should be examined.

The resolution considers it relevant that the public can interpret that the owner supports the political message. It is up to the National Court to check the circumstances and resolve the litigation by applying the interpretation of the CJEU.

What it means for brands and communication campaigns

A recognized brand concentrates investment and associations that exceed the graphic sign. Using it to attract attention can affect your reputation even when you do not intend to sell a competing product. For those who design campaigns, calling a parody or tribute use does not replace legal analysis.

Before using foreign signs, it is convenient to review what elements are incorporated, why they are necessary for the message and what appearance of a relationship can be generated. For the owner, it is useful to keep evidence of reputation and the dissemination of questioned use.

Each assumption requires weighing your circumstances; There is no general prohibition of mentioning marks in the public debate. At Premark we analyze these situations to distinguish the legitimate uses from those against which it may be appropriate to defend identity and business renown.