Category: Uncategorized
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The Codified Closet: Sumptuary Laws and Modern Luxury
This article is authored by Aastha Kastiya, a fourth year B.A. LL.B. (Hon’s) student at the Maharaja Sayajirao University, Vadodara, Gujarat. From the lacquered silks of imperial courts to the controlled exclusivity of haute couture salons, fashion has long served as both a marker of power and a mechanism of control. Historically, sumptuary laws dictated clothing…
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The Power of Colour in Fashion: Can a Single Shade Be Trademarked?
This article is authored by Sakshi Shah, a second year B.A. LL.B. (Hon’s) student at the Jitendra Chauhan College of Law registered under Mumbai University. Introduction: In today’s competitive world the fashion industry is not just focusing on branding its company’s logo or name but is focusing on creating a holistic identity of their company. With…
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Balancing Innovation and Protection: The Role of Intellectual Property in Counterfeits and Knockoffs in Fashion
This article is authored by Mokksha D Shah, a third year B.B.A. LL.B. (Hon’s) student at the Gujarat National Law University, Gandhinagar. Introduction The fashion industry often encounters the terms “counterfeit” and “knockoff,” which are suitably different when used in a legal sense. A counterfeit is a fake which closely resembles a product made without…
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CUSTOMIZATION: ARTISTIC EXPRESSION OR TRADEMARK INFRINGEMENT
This article is authored by Kartika Barsainyan, a second-year B.Sc. LL.B. (Hons.) student at the National Law Institute University, Bhopal. Can creativity go too far? Artistic expression, in various forms, has become a significant part of modern culture, with individuals using it to communicate creativity and identity. One of the distinct ways used by artists,…
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AI Meets Fashion Laws: Global Challenges, Innovations and Solutions
This article is authored by Rujuta Bapat and Vrinda, second-year, B.A. LL.B. (Hon’s) students at the National Law Institute University, Bhopal. Introduction As Fei-Fei Li, the Co-Director of the Stanford Institute for Human-Centered Artificial Intelligence, said, “Artificial intelligence is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity.” In a…
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Safeguarding India’s Textile Heritage in Global Market: The Intersection of Traditional Craftsmanship and Geographical Indication
This article is authored by Virta Godhani, a third year B.A. LL.B. (Hon’s) student at the Gujarat National Law University, Gandhinagar. India’s relationship with fashion, creativity, and craftsmanship dates back centuries. We trace this legacy in legal statutes and modern trade chains. The country has long been celebrated worldwide for its superlative artistic sense and…
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The Curious Case Of The ‘Walmart’s Birkin’: Exclusivity Repackaged Into Accessibility
This article is authored by Avni Jain, a graduate from the Maharashtra National Law University, Nagpur, currently enrolled with the MP State Bar Council. Introduction Lately, with influencers and fashionistas clamouring to get their hands on it, there has been quite some hullabaloo regarding Walmart offering, through third-party sellers, a reasonably close facsimile of the…
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WHAT’S IN A NAME: THE CURIOUS CASE OF BANGLADESH’S CLAIM TO INDIA’S TANGAIL SAREES OF BENGAL
This article is authored by Ritwik Sharma, a third-Year, B.A. LL.B. (Hon’s) student at the Rajiv Gandhi National University of Law, Punjab. INTRODUCTION On January 2, 2024, the Indian state of West Bengal received the Geographical Indication (GI) tag for the renowned Tangail Saree under the title “Tangail Saree of Bengal.” This recognition, granted after a…
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Rhode vs. Rhode: The Battle of Brand Identities
This article is authored by Ananta Chopra, a third year, B.A. LL.B. (Hon’s) student at the University School of Law and Legal Studies, GGSIPU. Introduction The involvement of the media regarding the trademark conflict between Hailey Bieber’s skincare brand Rhode and Rhode-NYC has provoked a lot of discussion among legal practitioners and business people. With…
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COPYCAT COUTURE: UNIQLO, SHEIN AND BATTLE FOR THE ORIGINAL DESIGN
This article is authored by Saumya Verma, Research Scholar, currently pursuing her Ph.D. in IPRs and Geographical Indications at Rajiv Gandhi National University of Law, Punjab. The UNIQLO Sling bag attained lots of popularity through Instagram reels and TikTok owing to its attractive features like large size, stylish design, plenty of colour options and affordable…
FASHION LAW 