Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

Fashion Law

Protecting the designs, brands and craft that give a fashion label its value, season after season.

Overview

Fashion moves quickly, and so do copies. A collection may be protected by several rights at once: registered designs for shapes and patterns, copyright in prints and artwork, trade marks for names and logos, and geographical indications for traditional textiles. The firm helps designers, labels, retailers and weavers' associations use each of them well.

Advice covers the whole life of a collection, from protecting designs before a show or launch, through agreements with manufacturers, licensees and influencers, to removing counterfeit listings and stopping copies at the border.

What we do

Services

  • Design Registration

    The Designs Act, 2000 protects the unique design or appearance of articles such as garments, accessories, footwear and jewellery. Registration prevents others from copying a design and secures protection before it enters the market. Our legal team guides clients through design registration in India.

  • Brands and Trade Dress

    Trade mark registration in India protects labels, logos, trade dress and distinctive packaging from imitation. Our legal team handles this protection from filing to enforcement.

  • Prints and Artwork

    Textile prints, embroidery designs and other original artwork can be protected by copyright registration in India, establishing ownership and preventing unauthorised use or reproduction.

  • Textile GI Registration and Protection

    Traditional handicrafts and textiles are often known by the name of the region where they are made. Geographical Indication (GI) registration protects those names against misuse anywhere in the world, and weavers, artisans and producers are guided on using a registered GI name.

  • Supply Chain Agreements

    Supply chain agreements set out the terms for manufacturing, sourcing, confidentiality and licensing between businesses. Careful drafting and review clarify responsibilities, protect confidential information and prevent disputes.

  • Influencer Marketing and Advertising

    Influencer marketing and social media advertising help businesses grow online. Agreements for paid promotions and influencer endorsements are prepared in compliance with advertising law.

  • Anti-Counterfeiting: Marketplace Takedowns and Customs Action

    Anti-counterfeiting services protect brands from imitation and trade mark infringement, through marketplace takedowns, enforcement raids, removal of counterfeit listings and seizure of fake goods through customs recordals, in India and internationally.

  • Retail and E-commerce

    Franchise, distribution and online sales agreements set clear terms for e-commerce. Legal services cover drafting and reviewing these agreements, protecting intellectual property, ensuring compliance and resolving commercial disputes.

Our approach

How a matter progresses

The usual course of a fashion law matter in India, from first instructions to a final outcome.

  1. Collection review

    We review the collection, brand and supply chain to identify which designs, prints and names need protection.

  2. Protection before launch

    We file design and trade mark applications before a show, lookbook or launch makes the designs public.

  3. Supply chain agreements

    We put manufacturing, confidentiality, sourcing and licensing agreements in place that keep ownership with the label.

  4. Launch and marketing

    We review influencer and endorsement agreements, advertising claims and product labelling.

  5. Enforcement

    We remove counterfeit listings, act against copies in court and record rights with Customs to stop imports.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Can a garment design be protected in India?
Yes. The shape, pattern or ornamentation of a garment or accessory can be registered under the Designs Act, 2000, provided it is new and has not been disclosed before filing. Registration gives up to fifteen years of protection.
Is a design protected by copyright without registration?
Only in part. Under section 15 of the Copyright Act, 1957, copyright in a design that could have been registered, but was not, ends once the design has been applied industrially to more than fifty articles. Registering valuable designs is therefore important.
Do influencers have to disclose paid promotions?
Yes. Guidelines issued under the Consumer Protection Act, 2019 and the advertising code of ASCI require clear disclosure of any material connection with a brand, such as payment, free products or a family relationship.

Further reading

From our blog

Articles by the firm's attorneys on fashion law.

All articles

Official sources

Related practices

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Registration and protection of the shape, configuration, pattern and ornament of products.

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Trade Marks

Clearance, registration, oppositions, renewals and protection of brands in India and overseas.

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IP Enforcement and Litigation

Infringement and passing-off actions, rectification, customs recordals and anti-counterfeiting.

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