An ISO 9001:2015 Certified Firm
An ISO 9001:2015 Certified Firm
The fashion industry in India has a long and rich history dating back to ancient times, before the word ‘industry’ had even entered the economic glossary of the world. Following Independence, the sluggish fashion scene of India saw a meteoric rise in its growth thanks to economic liberalization in the early 1990s, which brought much-needed foreign investment to the industry and exposed the Indian public to global fashion trends, while also making the rest of the world sit up and take notice of the diversity in Indian fashion designs. One of the niche areas of fashion law, is growing in prominence in India. There might not be a central piece of legislation that governs the subject, but the realm of fashion, with all its variants, has definitely piqued an interest in the Indian legal fraternity with many providing services in the fashion industry. Fashion Law can be defined as an amalgamation of various kinds of laws, including but not limiting to Contract Law, Labour and Employment Law, Environmental Law, Competition Law, Consumer Protection Law but most importantly Intellectual Property Law, which can be regarded as the major tenet of fashion law. As with any field experiencing a significant economic boom, the fashion industry saw the introduction of laws to protect its legal interests, particularly its intellectual property portfolio, and to regulate every stage of a garment’s life cycle, from the creation of yarn to its display in shop windows.
Fashion law is evolving, and the need to identify and implement relevant laws is growing with it. While fashion law encompasses various legal fields, such as labor laws and advertising laws, it is most commonly studied and enforced within the sphere of intellectual property laws. This includes addressing the production of knockoff goods, both with and without the original brand logo, and the outright copying of design elements by one manufacturer from another. Without legal recognition and protection of their designs and trademarks, the brands and designers driving creative and technical innovation in the fashion industry would struggle to survive.
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.
Khurana & Khurana as a firm has been representing major fashion labels and retail outlets in various litigation disputes, including counterfeiting actions and infringement suits. Additionally, we take proactive steps to educate start-ups and students about the scope and limitations of protecting IP rights in the fashion industry.
Khurana and Khurana also advises clients in the fashion industry on a range of related aspects. These include preparing merchandising agreements, facilitating celebrity endorsements, managing brands, creating advertising strategies, and ensuring compliance with labor and tax laws relevant to the industry.
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