Banner Witcoff Shareholder Sean Jungels contributed to a recent article published by the International Trademark Association (INTA) titled “Upcycling and Design Protection from U.S. and E.U. Perspectives.”
The article examines the growing trend of upcycling and its implications for intellectual property protection, with a focus on design rights and trademark considerations in the United States and the European Union. It analyzes how existing legal frameworks apply when branded products are altered, repurposed, or incorporated into new designs, and highlights key differences between U.S. and EU approaches.
The piece also discusses recent cases involving upcycled goods and luxury brands, offering practical insights for brand owners and practitioners navigating enforcement, exhaustion, and infringement issues in this evolving area of law.
The full article is available on the INTA website.
Posted: January 22, 2026
