Upcycling and Trade Mark Law: The Chanel v. Kamad Reworked Decision
A recent decision of the Paris Judicial Court in Chanel v. Kamad Reworked provides important guidance on the legal limits of upcycling under trade mark law. The court held that incorporating Chanel-branded components into newly created jewellery resulted in the manufacture of an entirely different product, preventing reliance on the exhaustion of rights doctrine. The decision also highlights the limited effectiveness of disclaimers and authenticity certificates when a renowned trade mark remains the dominant element perceived by consumers. More broadly, the ruling reflects a growing international trend in which courts seek to balance sustainability objectives with the protection of trade mark owners’ investments, reputation, and brand value.
