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Counterfeiting and its Impact on Trademark in the Fashion Industry through the Lens of Indian Law


Affiliations
1 University of Petroleum and Energy Studies, Kandoli, Dehradun— 248007, Uttarakhand, India

In the fashion industry, counterfeiting has been present for a long time, be it due to consumer preference or lack of job opportunities, forcing people to commit illegal acts like these. The internet revolution has also acted as fuel for the ever-so-booming counterfeiting market. Fashion brands spend an enormous amount of money on promoting their items. However, when these items become popular, businesses with ill intentions try to imitate them to encash the goodwill and reputation established by the reputed brands. As society develops, fashion brand owners desire to protect their products in allpossible ways. This paper shall discuss how Indian trademark law protects fashion brand owners, how the offence of counterfeiting in the fashion industry is expanding in physical and online markets, and the threat of its outspread in the future on emerging platforms like Metaverse. The author shall try to provide potential solutions to curb counterfeiting in the Indian fashion industry.

Keywords

Fashion Industry, Counterfeiting, Trademark, Infringement, Passing Off, Metaverse
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  • Counterfeiting and its Impact on Trademark in the Fashion Industry through the Lens of Indian Law

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Authors

Prachi Tyagi
University of Petroleum and Energy Studies, Kandoli, Dehradun— 248007, Uttarakhand, India

Abstract


In the fashion industry, counterfeiting has been present for a long time, be it due to consumer preference or lack of job opportunities, forcing people to commit illegal acts like these. The internet revolution has also acted as fuel for the ever-so-booming counterfeiting market. Fashion brands spend an enormous amount of money on promoting their items. However, when these items become popular, businesses with ill intentions try to imitate them to encash the goodwill and reputation established by the reputed brands. As society develops, fashion brand owners desire to protect their products in allpossible ways. This paper shall discuss how Indian trademark law protects fashion brand owners, how the offence of counterfeiting in the fashion industry is expanding in physical and online markets, and the threat of its outspread in the future on emerging platforms like Metaverse. The author shall try to provide potential solutions to curb counterfeiting in the Indian fashion industry.

Keywords


Fashion Industry, Counterfeiting, Trademark, Infringement, Passing Off, Metaverse