Redressing Sustainable Fashion Practices: Upcycling as a Defense to Trademark Infringement

Authors

Victoria Lepesant, Texas A&M University School of Law (Student)Follow

Document Type

Comment

Abstract

Upcycling is a fashion trend that has recently gained popularity because it is a more sustainable option for those seeking to purchase new pieces for their wardrobes. Upcycling involves deconstructing pre-owned pieces of clothing, jewelry, and accessories and using the deconstructed materials to create “new” fashion items. While this practice is popular among those looking to make environmentally conscious shopping choices, it is incompatible with our current trademark statutes and common law doctrines. Under the Lanham Act, it is considered trademark infringement to use another’s trademark when it is likely to cause confusion among consumers. In most instances, the use of upcycled materials that bear another brand’s trademark would likely cause confusion among consumers. This Comment proposes an amendment to the Lanham Act to create an affirmative defense for upcycling.

DOI

10.37419/LR.V10.I2.5

First Page

335

Last Page

358

Recommended Citation

Victoria Lepesant, Redressing Sustainable Fashion Practices: Upcycling as a Defense to Trademark Infringement, 10 Tex. A&M L. Rev. 335 (2023).
Available at: https://doi.org/10.37419/LR.V10.I2.5