EU's top court says IKEA can seek to prevent Belgian far-right party using its brand

BRUSSELS, Sept 8 (Reuters) - Trademark owner Inter IKEA can pursue legal action to prevent a Belgian anti-immigration party's use of the IKEA brand as part of its political campaigning, the European Union's highest court ruled on Tuesday.    

The Court of Justice of the European Union said Inter IKEA could seek to oppose the use of IKEA trademarks and imagery resembling the Swedish retailer’s assembly manuals provided the party Vlaams Belang was unable to prove that its right to freedom of expression outweighed the trademark owner's rights and interests. 

• The ruling follows a request from a Belgian court for legal clarity after Inter IKEA brought an infringement action against Vrijheidsfonds, the association that works out campaigns for Vlaams Belang, in 2023.

• The association conducted a 2022 Vlaams Belang campaign in which the party used signs similar to IKEA trademarks and imagery resembling IKEA assembly manuals.

• The Court of Justice of the European Union, based in Luxembourg, said that citing freedom of expression alone did not justify using a well-known trademark without permission.

• The court said the use of IKEA's trademarks was likely to harm the brand's reputation and the interests of its owner.

• The campaign appeared to be designed mainly to capitalise on IKEA's reputation to give greater visibility and impact to a political message.

• The case will now return to the Belgian Business Court in Brussels which must decide whether the use of IKEA's trademarks was justified under EU trademark law, taking into account the guidance set out in its ruling.

• In a statement, Vlaams Belang said its campaign association had taken note of the judgment and that it "will thoroughly study its scope in the context of the further legal proceedings".

• Inter IKEA welcomed the court's judgement, adding it "takes the protection of its intellectual property and reputation very seriously".

• "Inter IKEA strongly believes in and has great respect for freedom of expression. At the same time, the company cannot accept the use of IKEA’s trademarks in a way that harms their reputation or distinctiveness", it added.

(Reporting by Charlotte Van Campenhout. Editing by Barbara Lewis and Mark Potter)