Introduction
Fashion, a powerful medium for individual expression, has spurred the development of a specialized legal field known as fashion law. Individuals utilize fashion as an art form to communicate their identity and adapt to evolving social trends. This dynamic interplay between creativity and commerce has led to the development of fashion law, a field dedicated to safeguarding the interests of fashion designers, wholesalers, media agencies, and other key players. Fashion Law addresses a spectrum of legal concerns, ranging from the establishment of business entities and brand development strategies to intellectual property protection, franchising agreements, and merchandising practices. The burgeoning fashion scene in India has sparked a corresponding interest within the Indian legal community, as fashion law begins to take root and address the unique legal challenges of this expanding market.
Fashion law is a rapidly evolving field, and the need to identify and apply relevant legal protections is growing alongside it. Although fashion law touches on a variety of areas — including labour regulations and advertising standards — it is most closely associated with intellectual property law. Key issues include combating the production of knockoff goods, both with and without counterfeit logos, and addressing the unauthorized copying of design elements by competing manufacturers. Without robust legal recognition and protection of their designs, trademarks, and creative innovations, brands and designers at the forefront of the fashion industry would face significant challenges to their growth and survival.
Fashion law is a multifaceted legal field that primarily revolves around the protection of intellectual property (IP) within the fashion industry. The applicable IP laws in fashion law include trademark law, which safeguards brand names, logos, and distinctive marks; copyright law, which protects original designs, sketches, and artistic works; and design law, which ensures the protection of new and original design patterns applied to products. Patents may also play a role, especially in protecting innovative textiles or unique production methods. These IP laws are crucial in preventing the unauthorized use of a brand’s creative assets, combating counterfeiting, and maintaining the integrity of fashion designs. By securing legal recognition and protection for their creations, designers and brands can foster innovation, uphold their reputations, and ensure commercial success in a highly competitive market.
Fashion Laws
According to Coco Chanel, fashion can be described as “Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the way we live, what is happening.”
Fashion law is often described as an amalgamation of various laws such as contract law, employment law, consumer protection law, corporate law, real estate law, tax law, business law, and IPR law. It is also known as Apparel law, as it protects the life of a garment from conception to brand protection.
In simpler terms, Fashion law encompasses the legal aspects that govern the fashion industry, from the initial design and manufacturing of garments to their distribution, marketing, and protection of intellectual property rights. It covers a wide range of legal areas that are relevant to the fashion business.
History of Fashion Law
Fashion law as a distinct legal discipline is relatively new, but the issues it covers — like protection of designs, trademarks, and fair labor practices — have existed for centuries.
- Early Foundations:
Legal protections for fashion can be traced back to medieval Europe, where sumptuary laws regulated who could wear certain clothes, colors, and fabrics based on social class. These weren’t about intellectual property yet, but they showed that clothing had legal and social significance.
- 19th and Early 20th Century:
As the fashion industry began to industrialize, brands like Chanel and Louis Vuitton faced the first waves of counterfeiting. Trademark laws started to develop more seriously to help protect brand names and logos, but protecting actual designs remained difficult.
- Mid-20th Century:
Fashion was booming — especially with the rise of ready-to-wear (prêt-à-porter) clothing — but legal systems still didn’t fully recognize clothing designs as protectable works. Designers relied heavily on trademarks, copyrights for logos, and sometimes trade dress protection (when the overall look and feel of a product became legally recognized). - Late 20th Century:
As global markets expanded and fashion became a huge economic driver, disputes over copying designs, unfair labour practices in supply chains, and false advertising became major legal battles. Still, fashion law was treated as a patchwork of different existing legal fields (IP, labour, contract, etc.), not a specialty.
- 21st Century—The Birth of “Fashion Law” as a Discipline:
In 2010, Fordham University (New York) launched the first dedicated Fashion Law Institute, led by Professor Susan Scafidi — often called the “founder of fashion law.”
Since then, fashion law has been recognized as a distinct area covering:- Intellectual property (designs, trademarks, copyright)
- Business and finance (licensing, contracts, mergers)
- Labor and employment (supply chain ethics, worker rights)
- International trade and customs law
- Consumer protection and sustainability regulations
The law ensures that creativity in design and fashion is protected, business deals are fair, and industry standards are followed.
Copyright and fashion law
Copyright Law: Protects original artistic expressions (like prints on fabric, illustrations, and photos), giving creators exclusive rights to control their use. It doesn’t protect functional aspects or ideas.
Fashion law: A broad legal field addressing all legal issues in the fashion industry. Key areas include intellectual property (copyright, trademark, design law), business, manufacturing, marketing, retail, and more.
Intersection: Copyright in fashion mainly protects artistic elements. The basic shapes and styles of clothing aren’t typically covered. The fashion industry often uses trademarks (brand names/logos) and design laws (unique visual appearance) for broader protection.
Design and Fashion Industry
The design and fashion industry are about creativity, style, and innovation.
- Fashion focuses on clothing, accessories, and trends.
- Design covers a wide range: graphic design, interior design, product design, and fashion design itself.
Both industries aim to blend beauty and functionality, influencing everything from what we wear to how products and spaces look.
Patent and Fashion Law
Patent law in fashion protects new and original inventions (like new textiles, wearable technology, or unique design features).
It gives designers exclusive rights to use and profit from their innovation for a limited time, preventing others from copying it without permission.
Patent law helps fashion designers protect technical innovations, not just styles.
Trademark and Fashion Law
In fashion law, trademark law protects brand names, logos, symbols, and distinctive designs that identify and distinguish a brand’s products (like the Nike “Swoosh” or Louis Vuitton’s “LV” logo).
It prevents others from copying or imitating a brand’s identity, helping designers and companies maintain their reputation and consumer trust.
Trademark protection is critical in fashion because a brand’s image is often as valuable as the clothing itself.
Trademark law in fashion protects brand identity, preventing misuse of names, logos, and signature styles.
Relevant Case
Case Name: Louis Vuitton Malletier vs Atul Jaggi
Court: Delhi High Court, India
Area: Fashion Law—Trademark Infringement and Counterfeiting
Brief Facts:
- Louis Vuitton Malletier (LVM), the famous French luxury brand, owns registered trademarks for its famous “LV” monogram and “Damiere” pattern.
- Atul Jaggi was found selling counterfeit products (bags, wallets, and belts) bearing Louis Vuitton’s registered trademarks without authorization.
- LVM sued for trademark infringement, passing off, and damages.
Key Legal Issues:
- Unauthorized use of Louis Vuitton’s trademarks.
- The sale of counterfeit goods damages the brand’s reputation.
- Consumer confusion — people could mistake fake products for real ones.
Court’s Decision:
- The Delhi High Court ruled in favour of Louis Vuitton.
- Held that Atul Jaggi’s actions violated trademark rights and constituted passing off (pretending the fake products were genuine).
- A permanent injunction was granted, stopping Atul Jaggi from using Louis Vuitton’s marks.
- Monetary damages were also awarded to Louis Vuitton.
This case reinforced the protection of luxury brands against counterfeiters under trademark law, showing how courts protect brand identity and consumer trust in the fashion industry.
Conclusion on Fashion Law:
Fashion law is a growing and essential field that protects the rights of designers, brands, and consumers.
It covers intellectual property (like trademarks, copyrights, and patents), contracts, anti-counterfeiting, and sustainability regulations.
In an industry driven by creativity and brand value, legal protection is crucial to maintaining originality, reputation, and fair competition.
As fashion evolves with technology and globalization, fashion law becomes even more important to handle new challenges.
Fashion law safeguards creativity, protects brands, and ensures ethical practices in the global fashion industry.
Contributed By: Arzoo Kala (Intern)