Balancing Creativity, Culture and Commerce in Fashion Through Intellectual Property Rights in India.
“Fashion is about something that comes from within you.”— Ralph Lauren
While India has no single, dedicated “Fashion Law” statute, the industry receives robust legal protection under a combination of Intellectual Property (IP) laws by empowering and protecting the designer’s rights and creations from unauthorized copying and commercial misuse. In India, fashion-related intellectual property is mainly protected through Trademarks by safeguarding brand names, logos and labels; Copyrights which protects original artistic creations, including textile prints and fashion sketches; Designs protecting unique visual appearance and aesthetic feature of fashion products while Geographical Indications (GI) recognize and protect traditional products associated with specific regions and artisan communities.
Growing use of Intellectual Property Trends in Fashion
Fashion designers though traditionally do not opt for protection under the Patent Act, the rapid increase in the reliance technology in the fashion industry has changed this approach. Designers are now open to innovative technologies in the creation of shoes, jewellery, fabrics and other like products. A notable instance can be seen during the Paris Fashion Week Spring/Summer 2023 shows, where “Coperni Spray-On Dress”, a liquid fibre was sprayed onto a model, Bella Hadid and transformed the spray into a wearable dress. Such artistic innovations demonstrate how the Patent Act can play a significant role in safeguarding fashion law by protecting innovators and creators.
Counterfeiting and Trademark Protection in the Fashion Industry
A recent example is the case of Levi Strauss & Company vs Salman and Anr decided on 29 March 2025 by the Delhi Commercial Court. In the said case, Levi Strauss accused the defendants of manufacturing and selling counterfeit garments using deceptively similar labels, logos and stitching designs associated with the famous “LEVI’S” brand. The court held that the defendants had infringed the LEVI’S trademark and copyright rights. It granted a permanent injunction against the infringers, ordered destruction of counterfeit goods and awarded damages to Levi Strauss. The judgment highlights the growing seriousness with which Indian courts are treating fashion-related intellectual property disputes. It also reflects the need to protect consumers from fake products that damage the goodwill of established brands.
A recent example is the case of Levi Strauss & Company vs Salman and Anr decided on 29 March 2025 by the Delhi Commercial Court. In the said case, Levi Strauss accused the defendants of manufacturing and selling counterfeit garments using deceptively similar labels, logos and stitching designs associated with the famous “LEVI’S” brand. The court held that the defendants had infringed the LEVI’S trademark and copyright rights. It granted a permanent injunction against the infringers, ordered destruction of counterfeit goods and awarded damages to Levi Strauss. The judgment highlights the growing seriousness with which Indian courts are treating fashion-related intellectual property disputes. It also reflects the need to protect consumers from fake products that damage the goodwill of established brands.
Traditional Craftsmanship – Cultural Appropriation or Legitimate Use?
Another important issue in the present Indian context is the protection of traditional Indian craftsmanship from cultural appropriation as highlighted in the Prada and a GI-tagged product, Kolhapuri Chappal controversy. During Milan Fashion Week 2025, Prada showcased leather sandals that closely resembled traditional Kolhapuri chappals originating from Maharashtra but initially failed to acknowledge their Indian origin. The incident led to criticism from artisans, legal experts and the public, who viewed it as an example of cultural appropriation and exploitation of indigenous craftsmanship. This led to a PIL being filed by six lawyers alleging cultural misappropriation, demanding a public apology and seeking compensation for traditional artisans.
The controversy raised important legal and ethical questions in all our minds regarding whether international brands can commercially use traditional cultural products without proper recognition to them or without even any benefit-sharing with the artisan communities. Following criticism, Prada acknowledged that its designs were inspired by Kolhapuri footwear and expressed willingness to engage with Indian artisans.
At present India’s fashion faces new challenges brought by digital growth. The rise of fast fashion and e-commerce has increased instances of design theft, unauthorized reproductions, and trademark misuse, where trends are copied and sold at cheaper prices, affecting original creators. Legal grey areas emerge when images go viral online and are commercially used without proper authorization. Social media platforms and influencer culture have further created legal concerns involving misleading advertisements, copyright violations and unauthorized commercial use of fashion content. Many small designers and artisans still lack awareness about copyright, trademark, design registration and GI protection, making their creations vulnerable to exploitation. Weak enforcement mechanisms also remain a major issue, as intellectual property litigation is expensive and time-consuming, leaving small creators with limited financial resources to protect their rights.
At present India’s fashion faces new challenges brought by digital growth. The rise of fast fashion and e-commerce has increased instances of design theft, unauthorized reproductions, and trademark misuse, where trends are copied and sold at cheaper prices, affecting original creators. Legal grey areas emerge when images go viral online and are commercially used without proper authorization. Social media platforms and influencer culture have further created legal concerns involving misleading advertisements, copyright violations and unauthorized commercial use of fashion content. Many small designers and artisans still lack awareness about copyright, trademark, design registration and GI protection, making their creations vulnerable to exploitation. Weak enforcement mechanisms also remain a major issue, as intellectual property litigation is expensive and time-consuming, leaving small creators with limited financial resources to protect their rights.
These issues highlight that fashion law in India is no longer limited to luxury brands and trademarks. With Indian craftsmanship gaining global recognition, stronger legal awareness and enforcement are necessary to ensure that creators and artisan communities receive proper protection and economic benefit.
Conclusion
Intellectual property rights have become essential for the growth and sustainability of the Indian fashion industry. Fashion is not only about commercial success but also about protecting creativity, originality and cultural heritage. Cases like Levi Strauss & Co. vs Salman and the Prada-Kolhapuri controversy demonstrate how intellectual property law now plays a major role in balancing innovation, business interests and cultural respect in modern India. As the fashion industry continues to evolve through globalization and digital expansion, stronger legal awareness, effective enforcement mechanisms and ethical business practices will become increasingly necessary. Protecting both fashion brands and traditional artisans is essential to ensure fairness, creativity and sustainability in India’s growing fashion economy.
Authors:
Mr. Amit Mahajan
Associate Partner- Trademarks
Mr. Sankit Kumar
Senior Associate- Trademarks