FASHION LAW UNSTITCHED: SAFEGUARDING DESIGNERS IN A RAPIDLY EVOLVING INDUSTRY

This article is written by Deva Nanda A, Government Law College,Trivandrum.

Introduction: The Intersection of Style and Legal Protection

Fashion is not just cloth sewn into pretty shapes — it’s a billion-dollar worldwide enterprise founded on identity, culture, and perpetual redefinition. It is while design houses compete to be the next trend on the catwalk or on Instagram that legal issues lurk in the background. Safeguarding intellectual property, controlling advertising, responding to labor abuses, and fighting knockoffs are all major concerns.

As the fashion industry transforms at lightning speed, legal systems lag behind — rendering fashion law a rapidly emerging but underdeveloped field. This article lifts the veil to discuss how law enables, protects, and at times constrains fashion, particularly in India.

What is Fashion Law?

Fashion law is the set of laws governing the business and creativity of fashion. It converges
several disciplines such as:

• Intellectual Property Law
• Contract and Commercial Law
• Labor and Employment Law
• Consumer Protection
• International Trade Law
• Sustainability and Environmental Law

From haute couture copyrights to sweatshop labor laws, fashion law regulates both high fashion and fast fashion. Essentially, it seeks to safeguard originality while promoting equity in a fiercely competitive and often exploitative marketplace.

A Brief History of Fashion Law

Worldwide, the roots of fashion law date back to the middle of the 20th century when luxury fashion brands first started to suffer from counterfeiting. Iconic court battles — including those waged by Chanel and Louis Vuitton — influenced early doctrines of trademark law. The U.S. was among the earliest to aggressively litigate design protection, and Fordham University even started the world’s first Fashion Law Institute in 2010.

In India, the legal system developed more indirectly, influenced by overall IP legislation and conventional protection of textile and handloom heritage. It is only now that the Indian legal and academic environment has begun to see fashion as an industry requiring particular regulation.

Legal Protections for Fashion in India

India lacks a separate act known as “Fashion Law.” Rather, the following acts combined protect
different aspects of the fashion system:

1. Copyright Act, 1957
   • Protects original artistic works like embroidery designs and fashion drawings, if they are of the
     requisite threshold of originality. This prevents unauthorized copying.
2. Designs Act, 2000
   • Protects the visual look of apparel or accessories. A design, if registered, can have exclusive
     rights for 10 years (which can be extended to 15).
3. Trademark Act, 1999
   • Brand names, logos, symbols, and even color combinations (such as Christian Louboutin’s red soles) can be registered under trademarks, which are essential for brand recognition.
4. Geographical Indications (GI) Act, 1999
   • Utilized to safeguard traditional crafts such as Banarasi sarees, Kanchipuram silk, and Pashmina
     shawls — to ensure authenticity and protect cultural heritage.
5. Patent Act, 1970
   • Even in fashion, patents are a paucity, but they do apply to innovations in textile technology —
     such as temperature-sensitive fabrics or odor-repellent weaves.
6. Consumer Protection Act, 2019
   • This safeguards consumers against deceptive advertising, false reviews, or spurious products,
     particularly in the thriving online shopping market.
7. Factories Act, 1948 & Minimum Wages Act, 1948
   • These govern workplace conditions and minimum wages in garment manufacturing facilities.
8. Environmental Protection Laws
   • Fashion’s gross environmental pollution load is dealt with via legislation such as the
     Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act,
     1974, which seek to regulate toxic dye release and waste dumping.

The Fashion Lawyer’s Role

A fashion lawyer is not a machine meant to file trademarks only. Their remit includes:

• Preparing and negotiating contracts (brand-designer, agency-model, influencer collaborations)
• Asserting IP rights via copyright, design, and trademark filings
• Managing cases of counterfeiting or contract breach
• Providing guidance on labour issues in garment workshops
• Compliance with advertising and e-commerce regulations
• Negotiating licensing agreements, distribution agreements, and endorsements

In India, such expert legal minds are increasingly needed, particularly as the fashion industry
globalises.

Fast Fashion, Social Media & Infringement

Fast fashion behemoths produce trends at warp speed, frequently borrowing “inspiration” from designs on the runway or even independent designers. Since numerous fashion designs receive insufficient legal protection under Indian IP laws, copies are ubiquitous.

Influencers and fashion bloggers pile on another layer. Their advertising content can muddy the waters between authentic endorsements and sponsored advertising — confusing consumers. ASCI guidelines now mandate explicit disclaimers on social media advertisements, and non-compliance invites penalties.

Speed of production also makes it difficult for freelance designers to keep track of where and how their designs are being applied. Infringement occurs not only in tangible goods, but also through digital drawings, mood boards, and AI-generated designs.

Case Studies: Fashion Law in Action

Christian Louboutin vs. YSL (2012)
This historic U.S. case concerned the red soles of Louboutin footwear. The court ruled that single-color trademarks are enforceable if they have become distinctive. But YSL could proceedwith its all-red shoes since there was no contrast — setting significant boundaries on color-based trademarks.

House of Masaba vs. Masaba Couture (2025)
In India, a fake brand has been restrained from utilizing the “Masaba” name by the Delhi High Court to protect the fashion brand of Masaba Gupta. Domain name take-down orders have been directed by the court along with interim trademark protection — stressing that courts in India are now actively securing fashion IP rights.

Rising Legal Challenges Facing Fashion

1. Artificial Intelligence (AI) and Generative Design
   AI is now able to create fashion designs in seconds. But who owns such creations — the AI
   creator, the user, or the fashion brand? The Copyright Act does not yet cover non-human
   creativity.
2. NFTs and Virtual Fashion
   Virtual clothing and NFTs (non-fungible tokens) are on the rise. Brands such as Gucci and Dolce
   & Gabbana are selling virtual clothes for avatars or collectibles. Legal protection here is in its
   infancy and still developing.
3. Sustainable Fashion and Greenwashing
   Under pressure to go green, a few brands issue fake claims about their sustainability efforts
   (greenwashing). In India, the Environment (Protection) Act and Consumer Protection Act may
   be employed for punishment of these practices, yet they are enforced poorly.

Need for an Integrated Fashion Law in India

India’s dispersed legal system does not provide designers and companies with inclusive protection. A single Fashion Law might:

• Offer speedy design registration and protection measures
• Establish clear guidelines for sustainability and labor standards
• Deal with AI and digital fashion ownership
• Establish fast-track courts or tribunals to settle fashion disputes
• Promote awareness programs for young designers and startups

As the Indian fashion industry expands both nationally and globally, it is important to have a
legal framework that mirrors its complexity.

Conclusion: Weaving Law Into the Fabric of Fashion

Today’s fashion world is not merely about designing gorgeous clothes — it is about traversing a legal labyrinth where a single wrong move can set a designer back his or her brand, vision, or reputation. In India, where ancient textile arts and contemporary fast fashion coexist, the imperative for a multilayered, safeguarding, and forward-looking legal framework has never been more pressing.

Fashion law is no longer an indulgence — it is a requirement. While trends rise and fall, legal protections must stay the same, ensuring that creativity is not abused and innovation is incentivized. By closing the divide between catwalks and courtrooms, fashion law has the power to empower designers, safeguard consumers, and create a more responsible industry.