As the Super Bowl approaches, upcycling emerges in fashion, notably through Kristin Juszczyk's designs made from NFL jerseys. Celebrities like Taylor Swift and Simone Biles showcase these stylish, customized garments, which allow fans to cheer for their teams while looking fashionable. However, the upcycling process often occurs without trademark consent from the original brands, raising legal concerns. Unauthorized use can lead to customer confusion, trademark dilution, and significant legal risks, highlighting the balance between creativity and compliance in the fashion industry.
Juszczyk identified a market need - team-identifiable garments that are more stylish to wear to games than the traditional jersey.
The issue with upcycling is that it is nearly always done without the consent of the owner (or exclusive licensee) of the relevant trademarks.
Upcyclers may also expose themselves to claims of trademark dilution or even counterfeiting, and damages in such cases can be substantial.
Juszczyk's creations are more flattering to the fan, transforming jerseys into vests, jackets, pants, and other fashion-forward designs.
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