Paris Court Clarifies Upcycling Limits Under Trademark Exhaustion

The Paris Court of Appeal issued a decision distinguishing permissible resale of used goods from unauthorized upcycling that alters original trademarks. The ruling found that substantial modifications to branded items can infringe even after initial sale.

The case involved claims that modified products created consumer confusion regarding source and quality. The court rejected a broad exhaustion argument, stressing that trademark owners retain control over alterations that affect brand integrity.

This decision provides guidance on the boundaries of exhaustion doctrine in the EU context and may influence similar disputes involving resale and customization markets.

Proceedings concluded with an injunction against further distribution of the modified items and an award of damages.

Sources: https://legalblogs.wolterskluwer.com/trademark-blog/trademark-news-what-flew-under-the-radar-in-june-2026/ https://eriseip.com/insights/whats-trending-in-trademarks-july-2026/