When Upcycled Fashion Meets the Law
November 17, 2025 By Emily Gammon
Upcycling is a key circular solution for the fashion industry, extending product lifespans and reducing landfill waste. However, using trademarks on upcycled goods carries significant legal and intellectual property risks that designers and businesses must understand.
Globally, only 13% of clothing is recycled, with less than 1% returning to the textile supply chain. Most discarded apparel ends up in landfills, where synthetic items can take more than 200 years to decompose. The second-hand and upcycled fashion market is growing rapidly — in South Africa, it represents an estimated 9% of apparel revenue, and globally it is expected to exceed 10% of fashion sales.
Upcycling offers environmental, creative, and economic benefits, including unique, premium-priced pieces and job creation. Luxury brands including Balenciaga, Miu Miu, and Loewe have embraced upcycling, especially to manage excess inventory. Deloitte’s 2024 survey shows 64% of Gen Z and millennial consumers are willing to pay more for sustainable products.
Key Legal Principle: Trademark Exhaustion
Under the trademark exhaustion principle, once a branded product is legally sold, the original owner generally cannot stop its resale. For example, a thrifted Adidas jacket may be advertised as “Adidas.”
However, this principle does not always apply to upcycled items that are materially altered from the original product. Using brand logos or trademarks on modified goods can lead to consumer confusion and constitute trademark infringement.
Major Legal Precedents
- Chanel v Shiver and DukeA company upcycled authentic Chanel buttons into jewellery. The court ruled in favour of Chanel, stating the repurposed items were materially different from the original clothing use. This constituted trademark infringement.
- Louis Vuitton v Sandra Ling DesignsA designer repurposed LV materials into custom bags and accessories with heavy modifications. The case settled with a $603,000 fine and a permanent ban on upcycling LV products.
Implications for South Africa
While South African courts have not yet heard such cases, local IP laws similarly prohibit using trademarks in ways that mislead consumers or misrepresent product origin.
How Upcyclers Can Avoid Legal Risk
- Avoid using original brand logos, monograms, or trademarks in a way that suggests official endorsement.
- Do not promote heavily modified items using the original brand name.
- Focus on design and craft rather than relying on recognisable branding.
- Where possible, seek official partnerships or licensing from brands.
Path Forward
Brands can support sustainability by launching their own upcycled lines or collaborating with upcyclers. For creators, legal awareness supports long-term, responsible growth without compromising circular fashion goals.
