Private Law Theory

ABSTRACT
Diversity-oriented messaging is now the focus of many corporate agendas, particularly within companies’ corporate social responsibility strategies. While the deployment of policies supporting companies’ diversity and inclusion objectives is a much-welcomed development, the use of diversity as part of brands’ communication strategies is likely to both catalyse and undermine social justice advancements. This chapter explores instances of ‘diversity hijacking’, a practice through which brands seek to capitalize on diversity-themes without making substantive commitments to advancing diversity-related goals, such as refusing partnerships with problematic stakeholders, donating to charities the proceeds they receive from rainbow merch or continuing their equality, diversity and inclusion programs, despite political shifts. In this context, this research analyses the extent to which advertising rules and trade mark law can address inauthentic brand activism where diversity-related messaging is embedded in marketing communications, registered trade marks or brands’ protectable reputation.

Olteanu, Luminita, Can Trade Mark Law Prevent Diversity Hijacking? (October 14, 2025), forthcoming in Eden Sarid and Caoimhe Ring eds, Diverse Voices in IP (Bristol University Press 2026).