The textile sector has been a major contributor to India’s growth story and the fashion industry has a key role to play in this journey. The fashion industry not just showcases the works of Indian designers to the world but also caters to a large and diverse market domestically. Thus one of the chief concerns of the fashion fraternity is protecting IP rights of their works, those which have been produced after rigorous intellectual labor.
Protecting intellectual property in the fashion industry requires continual efforts, but begins with the will of the designer; a strong and deliberate claim at the earliest stage of creation will make it easier and more effective to enforce rights in the marketplace. The industry has majorly relied on protecting the copyright of their original works; however, this may not be enough for full commercial exploitation of the design or artwork. One must protect their designs under the Designs Act and seek appropriate remedies for design piracy and knock off, the most common problems the fashion industry has been facing today. We have been advising clients from the industry on a wide range of legal issues like obtaining trademark protection for various brands and enforcing various contractual agreements.
Khurana & Khurana as a firm has been representing major fashion labels and retail outlets from the industry in different litigation disputes including the aspects of counterfeiting actions and infringement suits. Also, we have taken proactive steps to educate start-ups and students with respect to the scope and limitations of protecting IP rights in the fashion industry.
Khurana and Khurana also advise clients from the fashion industry on other related aspects as well. These include preparing merchandising agreements, celebrity endorsements, brand management, advertising, and advising clients on the enforcement of various labor and tax laws related to the industry.