AUTHOR: GAURI RANA, GAUTAM BUDDHA UNIVERSITY

The only main objective or aim of this research paper is to understand and spread awareness about IPR (Intellectual Property Right) in the fashion industry. The IPR safeguards the creations such as logos, trademarks, designs, patents. This abstract also highlights the complexities and challenges of investigating or analyzing the IPR throughout the fashion industry. IPR ensures the designers and brands obtain or gain their work from protecting it from counterfeit and knockoff products. The IPR may also focus on the strong legal framework which is needed in the fashion industry. As we also know, in ancient or immemorial time people used to wear clothes of leaves and by developing period as the modern time came the fashion industry is changing rapidly. People are setting new trends which they also enjoy to follow  these trends because people love to adopt new changes or trends in their dressing sense or fashion. 

Keywords: Fashion industry, Intellectual Property Rights, Knockoff, Counterfeits.

Fashion designing which is very popular across the globe, which means creation of clothing and other lifestyle accessories. As a fashion designer you should not only have a keen interest in reading magazines, journals, books related to fashion design history and learning new things based on fashion designing of new trends. Designers must be aware of current trends and consumer behavior, understand the target audience, by the help of entrepreneurs they should develop effective market strategies, and protect such by IP (Intellectual Property). Fashion designers are facing highly growing challenges due to fast fashion, fraud or imposture also known as counterfeits, digital replication , making IPR an essential legal shield. 

Intellectual Property is intangible creations of the mind which includes inventions, designs and creative works.

Fashion is not just a form of clothing but also a cultural and economic phenomenon. As in India we have different cultures, people have several types of clothing according to their tastes, preferences or choices.  The fashion industry which is valued at over $1.7 trillion globally, protecting intellectual assets has become crucial nowadays. 

1. IPR Registration in Fashion Industry of India

(Vishakha Agarwal, 01 Jan 2019)

In her paper she identified that India is facing challenges due to lack of IPR or we can say, lack of registration of copyrights, trademarks , patents which leads to theft of unique designs . There was a survey conducted for bringing up awareness about IPR  registration and its benefits to the people or brands . As a result, 82% of  respondents have recognized the importance of IPR, while many are struggling by registration, highlighting the need for simplified processes and increased education. 

2. Issues with IP Laws and Fashion Industries 

(Mehak Nawaz Khan , 15 Nov 2022)

Mehak concluded that the fashion industry is facing several problems or challenges due to insufficient Intellectual Property Rights protection, which leads to theft of unique designs of brands and the increase of counterfeit goods ,  which is necessitating comprehensive legislation for safeguarding creative and innovative fashion products and supporting emerging designers. 

3. Fast Fashion and Challenges in IPR protection 

( 15 Nov 2022)

As we know, there are rapid changes in trends which also lead to changes in fashion. In this paper it discusses IPR challenges in the Indian fashion industry , which highlights the issues like copyrights and design law loopholes which also leads to infringement . It also emphasizes the failure of current laws to protect designers and suggests potential solutions to counter  these violations. 

 Knockoff is defined as, “A very similar looking product copy of a patented, trademarked, or copyrighted product or work that is cheaper as an illegal version” or “A cheaper version of a high-priced material or product as competitor functionally and qualitatively equivalent”.  In simpler terms knockoff products are products which are closely same or similar to the original products but are not the exact version of original products . They must be having a slight change in brand name, they  just copy the design and execute the same designed version with different material and a different brand or logo name. For example: Bisleri as Bilsri , Adidas as Abibas, etc. 

Counterfeit is defined as “To forge; to copy or imitate, without authority or right, and to deceive or defraud, bypassing the copy or tilling forged for that which is original or genuine” which in simpler terms it is described as they are hard to identify from original products because counterfeit products are exact copy of original products . Mostly counterfeit goods are made to defraud the original owners of brands who design the original products by the help of critical hard work, research, and development to release these products in the market . For example : Armani Exchange, Gucci, LV, Nike, Moochies, etc . 

These both counterfeit and knockoff products may damage the customer loyalty and may also decrease the sales of all original products,  as these are mainly cheaper from the original man, a middle class person can afford them only. 

Plagiarism also known as copying, any product in the fashion industry is very common. Hence, it is very important for protecting one’s creations or designs where Intellectual Property Rights play a major key role in this case. The reputation of a brand is fundamental for its achievements, and protection must be vital. The IP legislation across various countries can help in minimizing the risks and damage, which in turn, supports the growth of the fashion industry which contributes positively for the overall economy. For the clothing brands, a strong legal protection should be established through IP registration which is a key for preventing the unauthorized use of their images tackling counterfeits who harm brands’ reputations and their economic success or growth. As fashion is a constantly evolving field, one that changes old styles to new works of art which may become iconic. These constant innovations may also highlight the critical role of intellectual property (IP) rights in fashion, because they establish a secure and supportive environment where designers can trust that their creations are protected. Educating designers about IP rights and encouraging them to seek training and guidance on safeguarding their work is also essential. In the era of technological advancements, fashion is advertised on a new side, where it is using online platforms and social networking also as being one of the main market mediums in the country. Its advantage is to reach a wider audience, but disadvantage can also be the counterfeits may use the content which is uploaded on the internet for promotion of their own fake or copied products to reach their audience they targeted through hypocrisy, fraud, deceit or betrayal. The fashion industry which covers a wide range of IP rights which includes jewellery, accessories, clothes, footwear, etc .  This also includes things such as patents licensing, copyrights, trademarks, etc. Some brands like Rolex, known for actively protecting their intellectual property, especially their trademarks.

• COPYRIGHT 

Section 15(2) of the Copyright Act mentions that no copyright can subsist in the drawing and sketch under the Indian Copyright Act once it is produced more than 50 times. In simpler terms we can say that, copyright is a legal right which is granted to creators for controlling how their original artistic works are used. Copyright is not just ownership, it's about protecting creativity from unauthorized exploitation. It is also often described as “the right to copy”. It ensures that original work is safeguarded. Why does it matter in the fashion industry? It matters because protection of copyright ensures that creative expression- like a fashion brand’s sketch or unique print cannot be copied by others without any permission. This even ensures that designers preserve control over their work and may also receive credit and benefits of their innovation. Moreover, a copyright protects artistic elements, the Design Act 2000, steps forward to protect the aesthetic features like shapes, patterns, lines, configurations, colours and ornamentations of a product which are applied to clothing, footwear accessories, or fabric designs. A registered design under this act is protected upto 15 years (initially for 10 years and is renewable for more than 5 years). Meanwhile, protected copyright generally lasts upto creator’s lifetime plus 60 years. Hence, it is important to note that clothing designs as a whole garment are not ordinarily protected by copyright unless they may involve any original artistic features.

• TRADEMARK 

A trademark is a distinctive name, symbol, design, or combination of these that serves to identify a brand and set its goods apart from competing ones. It is an identity rather than merely a mark. In order to make a product instantly identifiable, trademarks are frequently found on product packaging, logos, particular color schemes, or unique patterns.Trademarks are more than just legal instruments in the fashion industry; they are the foundation of a company's image. When a consumer is deciding what to wear or which brand to trust, a trademark frequently becomes the decisive factor. After all, a logo in the fashion industry is more than just a piece of stitched fabric; it is a representation of prestige, excellence, and reliability. Designers must submit an e-trademark application through the Intellectual Property Rights Office in order to secure legal protection for their trademark.Famous fashion houses are using trademarks very skillfully to carve or get their place in a crowded market place. Adidas which is a globally recognized brand by its signature three stripes, Christian Louboutin by its iconic red sole heels, and Nike by its celebrated ‘swoosh’ . Even the fine drawn pocket stitching on Bettina Liano’s which serves as a distinctive identifier. Some powerhouses like Louis Vuitton, Michael Kors, Zara, and H&M all support their trademarks as visual statements of their brand legacy.

• PATENT

A patent is an exclusive right given or granted for inventions to inventors which gives legal protection of their inventions. In simple terms, it is a reward for innovation which gives creators the right to benefit from their hard work by preventing others from copying or using their invention without permission. In legal terms, invention refers to a new product which may involve a creative or inventive step which has a practical industrial use. To be patentable, the invention should introduce something new to the public and have a potential commercial application. 

There are three primary types of patents:

1. Utility patents- this is for new inventions or functional improvements of existing products.

2. Design patents- this is for ornamental designs or appearances of a product.

3. Plant patents- this is for new varieties of plants reproduced asexually.

The duration of protection may depend on the type of patent:

• Utility patents- Up to 20 years from the date of filing.

• Design patents- It is valid for 14 years.

Once this period is expired, the invention enters in the public domain, meaning anyone can use it or manufacture it freely. 

1. ADIDAS V. SKECHERS 

Adidas which is an athletic shoe company or brand and an apparel manufacturer whereas, Skechers brand is also in the same industry.  Adidas sued Skechers because Skechers has copied Adidas’ two shoe designs, one was ‘Onix’ which violated the trade dress of Adidas’ ‘Stan Smith’ shoe. Whereas, ‘Cross Court’, from Skechers, violated Adidas’ ‘Three- stripe’ trademark.  Moreover, Adidas also sued Skechers for infringing the concept of ‘Springblade’ shoes. Skechers came up with the ‘Mega Flex’ shoe which contained ‘Mega Blade 2.0’  which had numerous similarities with the adidas product. 

Judgement:

The honourable court granted a preliminary order in the favour of Adidas brand and ordered or asked Skechers to stop the production and sales of those three products. The court also stated that the products are completely the same . Nobody can tell the difference between them. 

2. PUMA V. FOREVER 21 

Puma sued Forever 21 which is a fast fashion brand. In this case, it was seen that Forever 21 copied Puma’s Creeper Sneakers, which were fur slide and bow slide under the Fenty collection. The causes of action included Federal trade dress, Copyright infringement, Design patent infringement, State unfair competition, Federal false designation of origin. Moreover, Forever 21 argued that the designs are from mid-twentieth century, so they should be partially excluded from the case which is against Puma. 

Judgement:

The Honourable court rejected Forever 21’s request . Therefore, Lanham Act allegations for unfair competition, etc were all dismissed by the court with leave to amend. 

3. CHRISTIAN LOUBOUTIN V. MR. PAWAN KUMAR & ORS 

Christian Louboutin is a footwear and accessory brand, stating they had the trademark of ‘RED SOLE’. This footwear brand uses a specific red colour mark applied to both men and women footwear.  The plaintiff has sued Abubaker and some other shoe outlet owners who were infringing the trademark , passing off and damages, because they used the same red colour for the sole for footwear they were producing. The plaintiff had also requested that defendants should pay   Rs. 1,000,000 as compensation for damaging the reputation, loss of sales, and also the goodwill of the plaintiff's trademark. 

Judgement: 

The Honourable court gave order in the favour of plaintiff ( Christian Louboutin). Disciplinary damages were granted by the court to the plaintiff against defendants for misrepresenting or damaging the plaintiff’s items as being defendants.

4. CHANEL V. AMAZON SELLERS

One of the world’s most famous and iconic brands called Chanel, which is the renowned French fashion house, once filed a multi-million dollar trademark infringement lawsuit against the several Amazon sellers. These Amazon sellers were allegedly involved in selling the counterfeit Chanel products, in which they used fake versions of Chanel’s registered trademarks for making profits online. In this lawsuit, Chanel asked for $2 million by each amazon seller who practised infringement. 

Judgment:

The Honourable Court gave order in the favour of Chanel, recognizing the flagrant misuse of luxury brand’s trademarks. The court had ordered each Amazon seller to pay a fine of $100,000 for the infringement. 

1. Expansion of IP Offices:

For streamlining the registration processes and reducing delays, the number of intellectual property (IP) offices should be increased, especially in regions with booming fashion industries. 

2. Reduction in Registration Costs:

The high cost of IP registration often discourages small and independent designers. Making the process cheaper would encourage more people to protect their creative works.  

3. Nationwide Legal Awareness Campaigns:  

Programs and workshops on Intellectual Property Rights (IPR) should regularly educate designers, fashion students, and entrepreneurs about the importance of IPR and how to secure it.  

4. Strict Confidentiality by Employees:  

Fashion houses and companies should use strict confidentiality agreements with employees to protect sensitive designs and creative ideas from leaks and unauthorized disclosures.  

5. Dedicated IPR Tribunals for Fashion Industry: Setting up specialized IPR tribunals for the fashion sector would help resolve infringement cases quickly and effectively. This would ensure justice for creators and discourage piracy in the industry.

From my perspective, everyone in the fashion industry should understand IPR to fully benefit from their creativity. The time for registration must also be shortened. As fashion changes daily, there is no guarantee of which trend will dominate the market tomorrow. This makes it essential for designers to continuously introduce fresh patterns and innovations. As we know India has a rich cultural background, here fashion plays a key role in supporting the country’s economy. However, knockoff and counterfeit products are a significant problem in the economy and industry. So, strong IPRs are essential and necessary for protecting originality and to support creative growth.

1. Vishaka Agarwal, IPR Registration in Fashion Industry of India, 24 J. Intell. Prop. Rts. 35, 35–40 (2019).

2. The Copyright Act, No. 14 of 1957, Acts of Parliament, 1957 (India).

3. The Trade Marks Act, No. 47 of 1999, Acts of Parliament, 1999 (India).

4. The Patents Act, No. 39 of 1970, Acts of Parliament, 1970 (India).

5. Indian Journal of Integrated Research in Law, available at https://www.ijirl.com (last visited July 23, 2025).

6. International Journal of Novel Research and Development (IJNRD), available at https://www.ijnrd.org (last visited July 23, 2025).