UPCYCLING AND ITS LEGAL FRAMEWORK: COMPROMISING TRADEMARK POWER

Abstract

Creative reuse of various materials, waste or by-products, also known as upcycling gives rise to certain copyright and trademark infringements, especially when it comes to fashion industry and different artistic endeavours. This paper mainly discusses legal concerns over the use of popularly known marks. Creators incorporating protected marks into their upcycled works often induce to trademark infringements. This research aims to compare Singaporean and Russian approaches as well as other “neighboring” jurisdictions dealing with the way major civil law principles correlate with the common law ones and vice versa in relation to registered and well-known trademarks. Referring to anti-dilution theory and unfair competition provisions in various jurisdiction as well as other principles and mechanisms, this paper advocates for an expressive use defense as a counterweight of stringent trademark monopoly, while also elucidating the momentousness of “fairness” inquiry in this context.