There are a number of fashion players that base their business on the very thin line running between tribute and misappropriation. In this context it is difficult to understand how quotations of well-known fashion trademarks made in a humoristic context should be treated, especially as the EU legislation did not provide any guidance on the parody fair use defence. At least, up to now.
In fact, Regulation (EU) No. 2015/2424 of the European Parliament and of the Council of 16 December 2015, now provides in its Recital 21 that “use of a trade mark by third parties for the purpose of artistic expression should be considered as being fair as long as it is at the same time in accordance with honest practices in industrial and commercial matters. Furthermore, this Regulation should be applied in a way that ensures full respect for fundamental rights and freedoms and in particular the freedom of expression“.