EU Top Court Allows IKEA to Challenge Far-Right Party's Use of Its Brand

The European Union's highest court has ruled that Inter IKEA can pursue legal action to stop a Belgian anti-immigration party from using its brand in political campaigns. The Court of Justice of the European Union delivered the judgment on Tuesday, stating that the furniture giant may oppose the use of its trademarks and imagery resembling its assembly manuals.

The case stems from a 2022 campaign by Vlaams Belang, during which the party used signs similar to IKEA trademarks and visuals resembling the retailer's instruction booklets. Inter IKEA brought an infringement action in 2023 against Vrijheidsfonds, the association responsible for the party's campaigns. A Belgian court subsequently sought clarity from the EU's top court on the legal questions involved.

The Luxembourg-based court ruled that invoking freedom of expression alone does not justify using a well-known trademark without permission. It noted that the campaign appeared designed mainly to capitalise on IKEA's reputation to give greater visibility and impact to a political message. The court also found that such use was likely to harm the brand's reputation and the interests of its owner.

However, the court added that Inter IKEA could only oppose the use if Vlaams Belang fails to prove that its right to freedom of expression outweighs the trademark owner's rights and interests. The case now returns to the Belgian Business Court in Brussels, which must decide whether the use was justified under EU trademark law, following the guidance in the ruling.

In a statement, Vlaams Belang said its campaign association had taken note of the judgment and would thoroughly study its scope in the context of further legal proceedings. IKEA did not immediately respond to requests for comment.