The global fashion industry is valued at hundreds of billions of dollars. Intellectual property is one of the primary concerns of the fashion designer, and an industry of this size cannot be governed by a single area of law.

A number of topics are covered, including corporate governance, real estate, labor, advertising, the internet, technology, imports and exports, and the growing importance of having an online presence for each brand.

There is a general affinity among people in today’s society for fashion and brands. Money, however, becomes a constraint to such efforts, which is why contraband and copies of the original creations are used. As soon as a design becomes popular, others start copying it shamelessly, resulting in a huge loss for the original product makers.

It is the right of the owners of original products to seek permanent injunctions from the courts of appropriate jurisdiction to prevent counterfeiters from selling counterfeit goods in India. Alternatively, owners of the original product(s) may seek compensation from the court.

There is a strong correlation between fashion and intellectual property rights. In the fashion industry, a number of laws have been enacted to protect the intellectual property rights related to the creations of fashion designers, including the Trademark Act, the Copyright Act, the Designs Act, and the Geographical Indication of Goods Act.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events


Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]

Why Intellectual Property Rights

Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]

An Overview of Copyright

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]

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