Court of Justice 13 November 2025, C-298/23 (Inter IKEA Systems BV v Algemeen Vlaams Belang VZW and Others.)

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Advocate General Szpunar opines that the concept of ‘due cause’ under Directive 2015/2436 and Regulation 2017/1001 serves as a mechanism to balance trade mark rights with freedom of expression, particularly in the context of political parody. He argues that a trade mark proprietor cannot be compelled to tolerate the use of a sign where the use primarily seeks to exploit the mark's reputation to promote a political programme that does not concern the mark, its proprietor, or its goods. The opinion suggests that such use lacks due cause if the potential contribution to public interest debate is outweighed by the attempt to ‘ride in the wake’ of a reputed trade mark.AI