TJEU is correct in IKEA's complaint against the Belgian radical party

Ain addition to using the Swedish company to name the ‘Ikea Plan’, the Belgian extremist party used similar designs to those of the furniture assembly instructions to illustrate the project.

For TJUE, in this particular case, the use of Ikea brands can cause significant damage to the reputation and interests of the holder.

The judgment refers to the case initiated when the far-right party Vlaams Belang presented the one entitled “Ikea Plan: Immigration may be really different” on the reform of asylum and immigration policy in Belgium.

Its proposals were accompanied by illustrations with elements corresponding to Ikea brands and characters similar to those in the company's product assembly instructions.

The press conference where the plan was presented was broadcast on social media and the company filed in Belgian courts an action for infringement of trademark rights against the Vrijheidsfonds association, which made that of the party.

This association acknowledged that it used the marks without the consent of the holder, but maintained that this use was intended to reinforce its message, arguing that it is a “just cause” that protects freedom of expression, including freedom to express political opinions and political parody, according to a statement from the EUJ.

The Belgian judge responsible for the case addressed the EU court to determine what prevails in the event of a conflict between fundamental rights of equal value — i.e. the right to property and the right to freedom of expression — and to what extent the use of marks, in this particular case, is based on a “just cause”.

The judgment considered that the use of Ikea marks could cause significant damage to its reputation and the interests of its proprietor.

The decision will be taken by the Belgian judge who consulted the TJEU.

Vrijheidsfonds VZW is a non-profit association based in Belgium that acts as the financial, logistical and legal arm of Vlaams Belang.