This Article is written by SANJANA RAKHI KUJUR of AMITY UNIVERSITY , KOLKATA, BA.LLB(H), 3RD YEAR during her internship with LeDroit India.
CONTENTS:
- Introduction
- Understanding Fashion Law in India
- Intellectual Property Rights in Fashion
3.1 Design Protection
3.2 Trademark Protection
3.3 Copyright Protection
3.4 Patent Protection
- Key Challenges in Fashion IP
- Landmark Cases in Indian Fashion Law
- Practical Tips for Fashion Designers
- Conclusion
Abstract
In an industry where creativity meets commerce, fashion law has emerged as a crucial field protecting designers, brands, and their intellectual creations. This article explores the intersection of fashion and intellectual property rights in the Indian market, examining how designers can safeguard their original creations through design registration, trademarks, copyrights, and patents. Written from the perspective of both a fashion enthusiast and law student, this paper demonstrates that protecting fashion is not just about legal jargon—it’s about ensuring that the designer who stayed up until 3 AM perfecting that embroidery pattern gets credit (and compensation) for their work. The article covers India’s legal framework for fashion IP, analyses landmark cases including Christian Louboutin’s red sole battle and Sabyasachi’s copyright claims, discusses practical challenges like fast fashion copying and counterfeit goods, and provides actionable advice for emerging designers. As India’s fashion industry grows into a multi-billion-dollar sector, understanding fashion law becomes essential for anyone who believes that original designs deserve protection as much as that limited edition handbag deserves a dust bag.
1. Introduction
Fashion and law might seem like an odd couple like pairing sneakers with a saree or wearing socks with sandals. But in today’s world where a single Instagram post can make or break a collection, and where original designs can be knocked off faster than one can say “fashion week,” understanding fashion law isn’t just smart, t’s survival.
India’s fashion industry is booming. From the handloom weavers of Banaras to the haute couture ateliers of Delhi, from Sabyasachi’s bridal lehengas that cost more than a car to the street style brands redefining Indian fashion, creativity is everywhere. But here’s the catch: creativity without protection is like wearing a favourite white outfit to a Holi party. Things are going to get messy.
Fashion law is where art meets advocacy. When a designer spends months creating an innovative print, some fast-fashion brand shouldn’t be able to copy it overnight and sell it for a fraction of the price. When someone sees that iconic Chanel double-C or Hermès Birkin bag, they should know they’re getting the real deal, not a convincing fake from Sarojini Market. A designer stays up until 3 AM perfecting an embroidery pattern, sources sustainable fabrics, builds a collection only to see it replicated on a fast-fashion website within weeks. These scenarios highlight why fashion desperately needs legal protection.
2. Understanding Fashion Law in India
Fashion law is the legal field dealing with issues affecting the fashion industry from intellectual property protection to contract negotiations, from employment law to consumer protection. In India, fashion law is still relatively young (like that trend you loved but died too soon), but it’s growing rapidly as our fashion industry expands.
The Indian fashion market is projected to reach USD 190 billion by 2025-26. With this growth comes the need for robust legal protection. Indian designers are no longer just catering to domestic markets they’re going global. And when you go global, you need to protect global.
Think about it: when Manish Malhotra designs a signature lehenga or when Anita Dongre creates a sustainable fashion line, they’re not just making clothes, they’re building brands. These brands have value, and that value needs legal protection. That’s where IPR (Intellectual Property Rights) comes in, serving as the bouncer at the club, making sure only authorized people get access to your creative party.
3. Intellectual Property Rights in Fashion
3.1 Design Protection
Under the Designs Act, 2000, fashion designers can register their original designs, whether it’s the shape of a garment, the pattern on fabric, or the ornamentation on accessories. Think of design registration as getting a copyright for your outfit’s vibe.
What Can Be Registered?
- Textile designs and prints
- Garment shapes and silhouettes
- Jewellery designs
- Accessory designs (bags, shoes, belts)
- Embroidery patterns
The Catch: The design must be new and original. You can’t register a basic kurta (that ship sailed centuries ago), but you can register your innovative asymmetric kurta with a unique draping technique.
Duration: Design registration lasts for 10 years, extendable by another 5 years. That’s 15 years of exclusive rights to your creation longer than most fashion trends last anyway.
Real Example: Remember when Ritu Kumar’s textile prints were copied by several brands? Had she registered those specific designs, she could have legally stopped the copycats. Design registration is like putting a “Do Not Copy” watermark on your creativity.
3.2 Trademark Protection
Trademarks protect brand names, logos, and distinctive signs. Under the Trade Marks Act, 1999, fashion brands can register their names and logos, preventing others from riding on their reputation.
What Can Be Trademarked in Fashion?
- Brand names (Fabindia, Myntra, Zara)
- Logos and symbols
- Distinctive patterns (like Burberry’s check)
- Color combinations (we’ll get to Louboutin’s red soles!)
- Taglines and slogans
The Power of Trademarks: When you see “FabIndia” on a kurta, you know you’re getting ethically sourced, handcrafted clothing. That trust is built over years, and trademark law ensures nobody else can use that name to sell you cheap knockoffs.
Famous Example: Christian Louboutin’s red sole trademark battle in India (more on this later) shows how even a colour can become a protected brand identifier. It’s like saying “this specific shade of red on shoe soles? That’s mine. Find your own signature.”
3.3 Copyright Protection
The Copyright Act, 1957, automatically protects original artistic works, including fashion designs, textile prints, and fashion illustrations. Unlike design registration, copyright protection is automatic—no registration needed (though registration helps prove ownership).
What’s Protected?
- Original fabric prints and patterns
- Fashion illustrations and sketches
- Photographs of designs
- Promotional materials and catalogues
- Fashion show choreography (yes, really!)
The Grey Area: Copyright doesn’t protect the functional aspects of clothing (like the basic structure of a shirt), but it does protect artistic elements (like a unique print or artistic embroidery pattern).
Real Scenario: When Sabyasachi Mukherjee called out smaller designers for copying his signature embroidery patterns, he was essentially asserting his copyright over those artistic designs. The question wasn’t about copying a blouse, it was about copying his distinctive artistic expression.
3.4 Patent Protection
Patents? For fashion? Sounds weird, but yes! Under the Patents Act, 1970, innovative fashion technology can be patented, think textile innovations, dyeing techniques, or functional clothing features.
What Can Be Patented?
- Innovative textile technologies (wrinkle-free fabric, moisture-wicking materials)
- New dyeing or printing techniques
- Functional clothing innovations (self-heating jackets, UV-protective fabrics)
- Smart textiles (clothing with embedded technology)
Example: If you invent a new fabric that never stains (dream, come true!), you can patent that invention. Nike patents its shoe technologies, Adidas patents its performance fabrics—patents protect the tech behind the trend.
4. Key Challenges in Fashion IP
The Fast Fashion Problem
Fast fashion brands like Zara, H&M, and Shein have built empires on one simple formula: see runway trends, copy them quickly, sell them cheap. While they don’t exactly copy piece-by-piece (that’s illegal), they create “inspired by” versions so similar that you need a law degree to spot the difference.
For Indian designers, this is particularly painful. A designer spends months creating a collection for Lakmé Fashion Week. Within weeks, fast fashion brands have “similar” versions at 1/10th the price. Legally stopping this is like playing whack-a-mole, you hit one, three more pop up.
Counterfeit Goods
India has a massive counterfeit fashion market. From fake Louis Vuitton bags in Sarojini Nagar to knockoff Nike shoes online, counterfeits are everywhere. These aren’t “inspired by” versions, they’re deliberate fakes using real brand names and logos.
The problem? Enforcement. India’s IP enforcement isn’t exactly swift. By the time a brand gets a court order against a counterfeiter, that person has moved locations or switched to a different brand to copy.
Proving Originality
In fashion, proving you were “first” with a design is tough. Unlike patents (which have filing dates) or trademarks (which have registration dates), fashion designs often exist as sketches, samples, or social media posts. If someone copies your design, proving you created it first requires solid documentation.
Pro tip: Always timestamp your designs, post sketches on social media, email designs to yourself, register with design authorities. Create a paper trail that says “I made this first.”
The “Common Heritage” Defence
In India, many designs draw from traditional motifs—think paisley patterns, bandhani prints, or temple jewellery-inspired accessories. When these elements are used, courts often struggle: is this copying, or is this shared cultural heritage?
For example, can one designer claim exclusive rights to a specific bandhani pattern when that technique has existed for centuries? It’s a legal and cultural minefield.
5. Landmark Cases in Indian Fashion Law
- Christian Louboutin v. Pawan Kumar (2018)
The Drama: Christian Louboutin, famous for his red-soled luxury shoes, sued an Indian retailer selling shoes with red soles. Louboutin argued his red sole was a registered trademark—seeing red soles should make you think “Louboutin,” not “random shoe.”
The Verdict: The Delhi High Court agreed! It held that Louboutin’s red sole had acquired distinctiveness and protected it as a trademark in India. The court basically said: “Yes, you can trademark a color in fashion if it’s distinctive enough.”
Why It Matters: This case established that non-traditional trademarks (like colors, shapes, or sounds) can be protected in fashion. It’s not just about logos anymore—your signature style element can be legally protected.
Fashion Takeaway: If you have a signature design element (a specific color, a unique button, a distinctive hem), consistently use it and consider trademarking it.
- Ritika Pvt. Ltd. v. Biba Apparels Pvt. Ltd. (2016)
The Drama: Two fashion brands, both claiming exclusive rights to design registrations, fought over who owned certain garment designs.
The Verdict: The Delhi High Court clarified the scope of design protection, emphasizing that registration gives exclusive rights but those rights must be enforced diligently.
Why It Matters: The case highlighted that registering a design is step one—actively protecting it is step two. Legal rights mean nothing if you don’t enforce them.
Fashion Takeaway: Register your designs, but also actively monitor the market for copycats. IP rights require vigilance.
- Sabyasachi Mukherjee’s Copyright Claims (2021)
The Drama: Renowned designer Sabyasachi posted on Instagram accusing smaller designers of copying his signature embroidery and design elements. The internet exploded with debates about creativity, inspiration, and copying.
The Legal Question: Did those designers violate Sabyasachi’s copyright? Were his designs original enough to merit copyright protection? Or were they using common design elements?
The Resolution: While no formal lawsuit was filed, the incident sparked nationwide conversation about fashion IP in India and the thin line between inspiration and imitation.
Why It Matters: It showed that even powerful designers struggle with copies, and social media is becoming a battleground for IP disputes—sometimes more effective than courts.
Fashion Takeaway: In the age of Instagram, your brand reputation matters as much as your legal rights. Public callouts can deter copycats even when lawsuits can’t.
6. Practical Tips for Fashion Designers
Document Everything
Keep records of your creative process—sketches, fabric samples, development timelines, and photographs. Email yourself design drafts (the timestamp helps prove dates). Post your work-in-progress on social media (dated public posts are evidence). Think of it as creating receipts for your creativity.
Register Your IP
- Designs: Register unique garment designs, textile prints, and accessory designs under the Designs Act.
- Trademarks: Register your brand name, logo, and any signature design elements as trademarks.
- Copyright: While automatic, consider registering important artistic works with the Copyright Office for stronger proof.
Use Contracts
If you’re working with manufacturers, embroiderers, or collaborators, use NDAs (Non-Disclosure Agreements) and IP assignment agreements. Make sure contracts clearly state who owns the designs and what happens if someone violates your IP.
Monitor and Enforce
Regularly search online marketplaces, social media, and physical markets for counterfeits or copies. Many designers hire agencies to monitor IP violations. When you find violations, act quickly—send cease and desist letters, file complaints with e-commerce platforms, or pursue legal action.
Watermark Your Work
For digital content (especially photos of your designs), use watermarks. It won’t stop all copying, but it makes unauthorized use obvious.
Build Your Brand
Strong brands are harder to copy. Develop a distinctive brand identity, tell your story, engage with your audience. Legal protection helps, but brand loyalty is your best defense—customers will choose original over fake if they value your brand
7. Conclusion
Fashion law in India is like a perfectly tailored outfit—it needs to fit the unique contours of our market while being stylish enough to keep up with global trends. As India’s fashion industry grows, so does the need for robust IP protection. Whether you’re an established designer or an emerging talent, understanding fashion law isn’t optional—it’s essential.
Remember: fashion is art, and art deserves protection. Your late nights perfecting that design, your innovative use of traditional techniques, your signature style—all of this has value, and Indian law provides tools to protect it. The challenge isn’t just knowing these laws exist; it’s actively using them.
So to every designer reading this: register your designs, trademark your brand, document your work, and don’t be afraid to enforce your rights. To every fashion lover: understand that when you buy original over counterfeit, you’re supporting creativity and legal protection. And to every law student fascinated by fashion: welcome to fashion law, where every case is a runway and every argument is styled to perfection.
After all, in fashion and in law, the details matter. And protecting those details? That’s what fashion law is all about.
REFERENCES
SIPP – Intellectual Property India | Government of India
Acts – Intellectual Property India | Government of India
Christian Louboutin Sas v. Pawan Kumar | Delhi High Court | Judgment | Law | CaseMine
Ritika Private Limited vs Biba Apparels Private Limited on 23 March, 2016
