Trademark Issues in Influencer - Brand Collaborations in India: An Analysis of Indian Trademark Law and Digital Advertising

ABSTRACT
The rapid expansion of influencer marketing has changed advertising by creating a direct link for brands to their customers via social media. While there are clear benefits for brands and customers to collaborate, there are conflicting legal issues, arising from endorsements of a trademark through advertising, and the potential for misleading a customer. The increased use of digital platforms for commerce has made advertising and personal expression merge, and has made protecting a trademark harder. This research aims to analyze the laws that govern trademark issues for influencer collaborations, specifically in India and the Trade Marks Act, 1999, the Consumer Protection Act, 2019, and the ASCI Guidelines. The influencer advertising research employs a comparative and doctrinal methodology. It examines the laws and regulations and cites the U.S. and the EU. The research states that although the laws surrounding trademark infringement and advertising provide a good structure and protection, there is a need for more laws and structures to address influencer marketing. The research finished with suggestions for regulations that would reinforce trademark protections and consumer protections while allowing innovation.