Är omfattande varumärkesrättigheter nyckeln till innovation? En utredning av risker vid individanpassning av kläder på den europeiska marknaden

Abstract

This thesis examines the legal boundaries of third-party use of trademarks in the European customized clothing market. The purpose is to determine under what circumstances third parties may legally modify and sell trademarked apparel without infringing on trademark rights. The study employs a legal dogmatic method, analyzing EU trademark law, case law, and legal doctrine to clarify the scope of exclusive rights and their limitations. By analyzing key EU case law, the study further illustrates how the legal framework has been interpreted and applied in cases concerning third-party trademark use.

Given the increasing demand for customized fashion and the rise of new business models in the clothing industry, this topic holds significant legal and economic relevance.

Additionally, Schumpeter’s theory of creative destruction provides a theoretical perspective on how trademark restrictions impact innovation and market competition. This perspective examines how trademark law may either hinder or enable market innovation and competition, questioning whether strict protection fosters economic stability or suppresses creative business models. At the same time, the study explores whether a balanced legal approach could provide sufficient protection for trademark holders while still allowing room for market-driven innovation.

The findings indicate that customized clothing in the European market involves significant legal risks, yet certain exceptions exist. These include the sale of replacement and repair parts, as well as substantial modifications to the trademarked product. Furthermore, the study suggests that overly strict trademark protection may hinder entrepreneurial activity and limit consumer choice, potentially restricting economic growth within the fashion industry.

The thesis concludes that a balance must be struck between trademark enforcement and fostering innovation, emphasizing the need for legal adaptations that accommodate evolving market trends.