FASHION INDUSTRY: INFRINGEMENT Vs. INSPIRATION

India is an old player of the Textile and Clothing Sector. The textile industry linked to agriculture for raw materials and linked to ancient culture and traditions of the country makesit unique from industries of other countries. The estimated input of indigenous apparel and fabric-based enterprise in India is 2.3 % to the country’s GDP, 7% to mechanized production and 11% to outbound trade. Textile Industry’s contribution to India’s export is approximately 13.5% of the total export resulting to 42.24 billion dollars. H&M, Busana Group, Fortum, Lenzing, are prominent leading global textile corporations whose engagement makes a considerable impact for India to allocate capital and channel resources in the nation’s textile

industry and expand its clout in the textile domain worldwide. Bharat Tex 2024 has been initiated by Hon’ble Prime Minister, Narendra Modi with a 5F vision – Farm to Fibre to Factory

to Fashion to Foreign. It was a big textile event organised globally with participation from over

40 countries which included 3500+ exhibitors and 40000+ visitors.

The Met Gala is a charity event where annual fashion exhibition takes place. Last year in 2024, the official dress code was “The Garden of Time” taking inspiration from a short story titled the same, which was written by J.G. Ballard in 1962. Celebrities turned up with different floral and botanical looks, balancing the weight between inspiration and infringement.

Taking unique and creative ideas from pre-existing work which doesn’t involve direct copying can be called as taking an inspiration from someone or some work. There are variety of sources from which the designers draw inspiration to create masterpieces that would reflect their uniqueness and creativity. The main issue lies with the line getting blurred between infringing the intellectual property and taking inspiration from someone else’s work.

Inspiration can be drawn from various sources, such as historical designs, traditional art and pre-existing art as well.

This leads to evolution of fashion trends. For example, Traditional Japanese kimono silhouettes in modern designs are generally acceptable as they are reinterpreted in new innovative ways and are not copied from any specific design. As stated earlier that fashion has a trend cycle where fashion designers may create different versions of vintage era by taking inspiration from past historical eras. This cyclical nature promotes innovation and creativity to make products look unique.

Infringement of intellectual property rights’ occurs when the protected work of one party is being used by another party without permission. The fashion industry revolves around copying

shapes, designs, logos, patterns that are legally protected. When a design is substantially similar to the original one, infringement takes place for which the original designer will end up in financial losses. Direct copying is a form of infringement which is clearly illegal which can result in legal penalties including injunctions and damages. It is a replica of a design without any major alterations modifications which very well resembles with the original work and makes it confusing for the customer to recognise the source of the product.

Though copyright protection is limited for fashion designs but it still protects fabric patterns and artistic designs which comes under the ambit of authorship. Fashion designers incorporate the artistic elements into textile patterns, prints and garments designs but in a new and unique way.

Copyright infringement takes place when a design is made copying substantial parts of an original artistic work which includes paintings, visual arts, photographs without permission violating the exclusive rights of the copyright holder.

For maintaining a brand’s reputation and integrity, The Trademark Act, 1999 plays a significant

role in preserving a brand’s identity and preventing unauthorised use of trademarks.

Registration of a trademark is crucial for logos and brand names to be legally protected under

the Trademark Act, 1999 so that it can prevent others from having an unauthorised use of it without permission. Logos, Brand identities and distinctive features that are associated with a

particular fashion designer or fashion house is safeguarded by trademark. By reviewing the design and packaging style of the product, a layman links the product to its actual source, which is protected through trade dress.

Though design patent also gives exclusive rights for limited period but it protects the special aesthetic features of the dress, jewellery or accessory. The shape, configuration and aesthetic features of various objects can be an inspiration for a designer to create unique designs for dresses and accessories but infringement takes place when one designer copies another designer’s registered design, diluting the uniqueness of the original product.

1. A record should be maintained by the designers which would contain their inspiration

sources, including sketches, photographs, etc. Even if any sort of dispute arises, it will

help in demonstrating the originality of their designs.

2. It is important to transform the original elements to make it a new and distinct design

so that it doesn’t look like a mere imitation when drawing inspiration from existing

3. It will help designers to identify potential risks of infringement and take corrective

measures if legal audits of design portfolio will regularly be looked into.

4. Collaboration and Licensing agreements is a mutual benefit to both the parties because

these are agreements where artists are entitled to legally use certain design elements

with the permission of the owner.

As we can understand that there is an interrelation of art and science, there needs to be a balance between inspiration and the burden of infringement. Designers must navigate the fine line between drawing inspiration from a vast array of sources and ensuring their creations are sufficiently original to avoid legal pitfalls. As the fashion industry evolves with new technologies and digital platforms, designers must stay ahead of emerging trends and legal challenges.

Digital fashion, virtual clothing, and new materials present both opportunities and risks. Adapting to these changes while maintaining a strong foundation in IP law will be essential for future success. By adopting innovative ways and strategies, conducting proper and regular research, documenting and registering their Intellectual property, successful navigation for maintaining the balance between inspiration and infringement can be achieved by the designers. This approach promotes a ethically sound Fashion Industry.

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