One Consumer’s Trash is Another’s Treasure: Upcycling’s Place in Trademark Law

Authors

• Jolie Brett Schenerman, Benjamin N. Cardozo School of Law

Abstract

The note argues that upcycling, the process of creating new, high-value products from salvaged materials, should be protected under trademark law's fair use doctrine. It contends that upcycling, unlike traditional infringement, does not confuse consumers about the source of goods and instead creates transformative works that benefit both sustainability and brand relevance. The analysis draws parallels between upcycling and parody, advocating for similar legal protections, and highlights the evolving relationship between luxury brands and upcyclers, from litigation to collaboration.

Disciplines

Antitrust and Trade Regulation | Consumer Protection Law | Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Science and Technology Law

Recommended Citation

Jolie B. Schenerman, One Consumer’s Trash is Another’s Treasure: Upcycling’s Place in Trademark Law, 38 Cardozo Arts & Ent. L.J. 745 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol38/iss3/7