Supply chain transparency means that companies know what’s happening at every stage of their supply chains and also communicate that information clearly both internally and to consumers.[3] Supply chain transparency has recently become important for the fashion industry due to consumers’ demand for sustainability and brands’ responsibility to the environment.[4] Consumers are concerned about the quality, origin and safety of a garment and take ethical considerations before purchasing the products. Unfortunately, many companies and their suppliers are afraid that disclosing too much information about their supply chain could hurt their competitiveness or expose them to criticism, hence why they tend to lack transparency. [5]

Despite these fears, most companies now prioritise and require detailed information about supplier practices, from labor conditions to environmental impact.[6] For example, companies like Patagonia pay good prices to suppliers to ensure that the garment workers receive living wages and have safe working conditions as part of their ethical supply chain.[7] If a company adheres to ethical standards, it will improve the well-being of garment workers and also contribute to a greater supply chain, as there is a more skilled workforce and ensure regulatory compliance.[8]

However, the supply chains for fast fashion brands are designed for maximum efficiency and speed, to generate huge profit margins often at the expense of garment workers’ well-being.[9] International labor standards exist to protect workers globally, and companies sourcing from these countries are legally obligated to ensure their suppliers comply. According to international agreements and organizations like the International Labour Organization (ILO), these standards that support decent working conditions, appropriate hours, and sufficient pay have developed from local and national laws.[10] However, profits still outweigh worker safety and fair compensation, revealing that neither companies nor governments are doing enough. Many brands maintain minimal control over their supply chains to avoid legal liability, often allowing the subsidiaries to be unregulated, allowing them to keep production costs low, but this damages their reputations, especially as consumers increasingly demand ethical transparency.[11]

Today, consumers, governments, and stakeholders are pressing companies harder than ever to provide detailed information about their supply chains. Consumers want to know how garment workers are treated, where materials come from, and what efforts brands are making to improve working conditions. However, this surge in demand has also led to an increase in false claims or “greenwashing” about ethical sourcing, resulting in backlash and legal action. For that reason, there is an urgent need for guidelines to mitigate greenwashing to enable companies to demonstrate their genuine commitment to sustainability and supply chain transparency. [12] The truth is, supply chains are complex, making full transparency a continuous and evolving challenge.[13]

Examples of how supply chains can be more transparent:[14]

1. Train employees

Maintains ethical standards and compliance to promote accountability and results in a productive and successful supply chain.

2. Communicate the supply chain process

Developing a detailed overview of raw material sourcing to final product assembly, identifying every stage involved.

3. Conduct regular audits

Verify working conditions, wages, and safety standards through thorough audits. Transparently disclose audit results along with any corrective actions taken.

4. Share supplier information

Maintain and provide an up-to-date list of suppliers to build trust and accountability with their standards regarding labor practices, human rights, and environmental responsibility.

5. Report transparently to consumers

Offer honest reporting on supply chain practices to consumers and demonstrate corporate responsibility.

Transparency in supply chains fosters a culture of continuous improvement within companies and across their value chains. When companies openly share where and how their products are made, they create accountability, encourage ethical practices, and build lasting trust with consumers.[15]
Transparency empowers both businesses and consumers to make decisions aligned with their values. Studies show that consumers are four times more likely to trust companies that are purpose-driven and transparent about their labor practices. They’re also significantly more inclined to buy from companies they view as ethical and sustainable.[16]

Ultimately, companies that adopt ethical sourcing practices can strengthen their brand reputation, build consumer trust, and contribute to long-term sustainability goals. [17] As consumer demand for ethical accountability continues to rise, transparency isn’t just the future of fashion; it’s the standard that must be met.

References:

[1] Mykhail Helm, Beneath the Seams: The Human Toll of Fast Fashion, EarthDay (Sept. 9, 2024), https://www.earthday.org/beneath-the-seams-the-human-toll-of-fast-fashion/
[2] Robertson, M. (2024, February). It takes exploitation to look this good: Garment Workers, modern fashion, and the oppression of women. It Takes Exploitation to Look This Good: Garment Workers, Modern Fashion, and the Oppression of Women | Georgetown Journal of Gender and the Law | Georgetown Law. https://www.law.georgetown.edu/gender-journal/online/volume-xxv-online/it-takes-exploitation-to-look-this-good-garment-workers-modern-fashion-and-the-oppression-of-women/
[3] Alexis Bateman & Leonardo Bonanni, What Supply Chain Transparency Really Means, Harv. Bus. Rev. (Aug. 20, 2019), https://hbr.org/2019/08/what-supply-chain-transparency-really-means.
[4] Pastor, L. (January 7, 2025). Ethical sourcing in the textiles industry. Enhesa. https://www.enhesa.com/resources/article/ethical-sourcing-in-the-textiles-industry/
[5] The age of transparency. Hunter Campbell. (July 16, 2023). https://www.huntercampbell.co.nz/the-age-of-transparency/ 
[6] Kristin Schultz, The Rising Importance of Supply Chain Transparency, ESW, https://esw.com/the-rising-importance-of-supply-chain-transparency/ (last visited June 10, 2025).
[7] Living wage. Patagonia. (n.d.). https://www.patagonia.com/our-footprint/living-wage.html ; Dragonsourcing. (Sept. 21, 2024), Ethical sourcing efforts of Patagonia: A comprehensive overview. Dragon Sourcing | Global Sourcing Company. https://www.dragonsourcing.com/ethical-sourcing-of-patagonia/ 
[8] Pastor, L. (January 7, 2025). Ethical sourcing in the textiles industry. Enhesa. https://www.enhesa.com/resources/article/ethical-sourcing-in-the-textiles-industry/
[9] Helm, M. (2024, September 10). Beneath the seams: The human toll of fast fashion. Earth Day. https://www.earthday.org/beneath-the-seams-the-human-toll-of-fast-fashion/
[10] International Labor Standards: Meeting International Labor Standards: The Outsourcing and offshoring debate – FasterCapital. Faster Capital. (2025, April). https://fastercapital.com/content/International-Labor-Standards–Meeting-International-Labor-Standards–The-Outsourcing-and-Offshoring-Debate.html
[11] Ross, E. (n.d.). Fast fashion getting faster: A look at the unethical labor practices sustaining a growing industry. International Law and Policy Brief. https://studentbriefs.law.gwu.edu/ilpb/2021/10/28/fast-fashion-getting-faster-a-look-at-the-unethical-labor-practices-sustaining-a-growing-industry/
[12] Inês, A., Diniz , A., & Moreira, A. C. (2023, September 10). A review of Greenwashing and Supply Chain Management: Challenges Ahead. Cleaner Environmental Systems. https://www.sciencedirect.com/science/article/pii/S2666789423000302
[13] Supply Chain Transparency defined: Why it matters and its benefits. Oracle Europe. (n.d.). https://www.oracle.com/europe/scm/supply-chain-transparency/
[14] Jackley, M. (2023, November). Supply Chain Transparency defined: Why it matters and its benefits. Oracle Europe. https://www.oracle.com/europe/scm/supply-chain-transparency/ ; Automation Alley. (2022, November 24). How to improve supply chain transparency. https://www.automationalley.com/2022/11/04/how-to-improve-supply-chain-transparency/
[15] Amanda McGrath & Alexandra Jonker, Transparency Across the Entire Supply Chain: Why It Matters and How It Works, IBM (Dec. 5, 2023), https://www.ibm.com/think/topics/supply-chain-transparency.
[16] Mark Jackley, Supply Chain Transparency Defined: Why It Matters and Its Benefits, Oracle (Nov. 21, 2023), https://www.oracle.com/sa/scm/supply-chain-transparency.
[17] Alofabi, O. (2024, June). Ethical sourcing in the textile industry: Challenges, benefits, and the path forward. ResearchGate.https://www.researchgate.net/publication/385791545_Ethical_Sourcing_in_the_Textile_Industry_Challenges_Benefits_and_the_Path_Forward

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Historically, identity appropriation cases in the 20th century were often brought by private individuals whose likenesses were used unlawfully in commercial advertisements. Over time, however, the focus has shifted. Now, public figures claim their right to control the commercial use of their persona, seeking compensation not just for the emotional harm caused by publicity but for the unauthorized use of their identity itself.[1]

The right of publicity is distinct from the right to privacy, though they share similarities. The right of publicity refers to the exclusive control over one’s name and likeness, and the privacy right, from unwelcome publicity.[2] The U.S. Supreme Court has recognized the right of publicity as a property interest, emphasizing its role in providing economic incentives for individuals to build and profit from the value of their identities, thus linking it to intellectual property. [3]

While public figures can try to stop others from using their names or images to sell products without permission, they generally cannot use the right of publicity to block their identity from being used in news reports or other matters of public interest. There is no federal law specifically addressing the right of publicity, so protections vary by state, with each jurisdiction having its own approach.

Currently, only thirty-three states acknowledge the right of publicity, either through statute or common law, with twenty-one of those states recognizing it under common law. Additionally, some states have implemented privacy laws that include protections for the right of publicity.[4]

The right of publicity also overlaps with trademark law when a person’s identity is used in a way that might mislead consumers. Because of this, many celebrities choose to register trademarks related to their names or images, which allows them to control how their likeness is used in commercial settings. Under the Lanham Act, a person’s name or likeness can qualify as a trademark if it identifies the source of certain goods or services.[5] Many celebrities and artists have utilized this system, registering trademarks to manage how their identities are used commercially.[6]

This is particularly significant in the fashion industry, where models and celebrities play a central role, earning a substantial portion of their income from endorsement deals with fashion brands. These companies seek to partner with influential figures to gain a competitive advantage in the market. However, models and celebrities are often not adequately compensated for the commercial use of their likeness. With the rise of social media in the 21st century, new complexities have emerged in the right of publicity law.

The right of publicity is a crucial issue in the fashion and retail industry, particularly for models, celebrities, and designers who believe their likeness is being used by brands without their permission. The legal consequences of such unauthorized use can result in litigation. As a result, companies must secure explicit permission before using anyone’s likeness in promotions, apparel, or advertisements.

It is advisable for fashion companies and brands to obtain the right of publicity for all individuals featured in any media, even if they aren’t celebrities. However, participation in an event may sometimes be construed as implied consent for using a person’s image in promotional campaigns, though this can vary by state.

For fashion designers, the right of publicity offers a means to protect their persona from exploitation. Even if their image isn’t directly used, elements of their identity or unique attributes may still be incorporated into designs or celebrity collaborations. While the concept of publicity rights in fashion design is still developing, designers can argue that their creations are intrinsically linked to their identity. Fashion brands must be cautious when marketing products that may appropriate the work or identity of renowned designers, as this could infringe upon their professional reputation and rights.[7]

Legal Consequences of Unauthorized Publicity:

In the fashion industry, when a brand or company uses a model, celebrity, or designer’s likeness without permission, it can lead to a violation of this right, which is often addressed through a cease-and-desist letter. This letter demands that the infringing party stop using the individual’s identity and may serve as a preliminary step before further legal action is taken. The violation of the right of publicity is considered a tort.[8]

If the issue is not resolved through a cease-and-desist letter, the unauthorized use of someone else’s identity for commercial gain can lead to significant legal consequences, primarily in the form of injunctive relief and monetary damages. Injunctive relief is a court order requiring the infringing party to cease the harmful conduct. Courts weigh factors such as the nature and seriousness of the appropriation, as well as the fairness and effectiveness of the injunction in addressing the harm caused.

Monetary compensation may also be awarded, depending on factors like how clearly the plaintiff can show financial loss or the defendant’s profits, the extent of the misuse, whether the defendant acted knowingly, and any delays or misconduct by the plaintiff. These remedies aim to protect individuals’ rights to control the commercial use of their identity and prevent unfair exploitation.[9]

Recommendations For Protecting Right Of Publicity In The Fashion Industry

1. Publicity Agreements

Fashion companies must secure written consent from models, celebrities, or any individuals whose name, likeness, or persona will be used in advertising, marketing, or product designs.[10] Clear agreements outlining the scope and duration of use help manage expectations and prevent misunderstandings.

2. Register Trademarks

Trademark registration provides a formal means to control how their image is used commercially and helps prevent unauthorized exploitation.

3. Education and Awareness

Educate employees, advertisers, and collaborators about the right of publicity and the potential consequences of using someone’s likeness without permission.

4. Avoid Unauthorized use in Social Media

Fashion companies must be cautious when using individuals’ images on social media platforms. Unauthorized use can quickly go viral and result in legal disputes, so it’s crucial to obtain proper consent before publishing content involving public figures.

5. Seek Legal Counsel

To ensure compliance with right of publicity laws, fashion companies should consult with intellectual property attorneys or experts before launching campaigns involving public figures.

6. Address Global Considerations

Fashion brands with global operations must consider how the right of publicity is recognized and enforced in different countries.

As a result,  the right to publicity is essential for protecting individuals’ names from unwanted commercial usage, in particular areas such as fashion. It enables individuals, such as models, celebrities, and designers, to decide how their likeness is utilized and seek remedies in court when their rights are made use of.   Fashion companies must be careful to obtain necessary consent, register trademarks, and comprehend the legal ramifications of utilizing someone’s name. By spreading awareness and adopting proactive efforts to secure publicity rights, companies may prevent exploitation and limit legal risks, ensuring a fair balance between creativity and personal identity protection

References:

[1] James Q. Whitman, The Two Western Cultures of Privacy: Dignity Versus Liberty, 113 YALE L.J. 1151 (2004).

[2] Melville B. Nimmer, The Right of Publicity, 19 L. & CONTEMP. PROBS. 203 (1954).

[3] Zacchinni v. Scripps-Howard Broad. Co., 433 US 562, 576 (1977); Matthews v. Wozencraft, 15 F.3d 432, 437 (5^th Cir.1994)

[4] Jennifer E. Rothman, Rothman’s Road Map to the Right of Publicity (2018), https://rightofpublicityroadmap.com.

[5] 15 USC § 1125

[6]  Muzamil Huq & Morgan Mitruka, Trademarks and the Right of Publicity, BLOOMBERG L. (Nov. 2023), https://www.bloomberglaw.com/external/document/X42ALVPC000000/trademarks-professional-perspective-trademarks-and-the-right-of-.

[7] Howard S. Hogan & Jennifer Bellah Maguire, Fashion Law and Business: Brands & Retailers 18–21 (2d ed. 2019).

[8] Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890).

[9] Restatement (Third) Of Unfair Competition § 48-49 (Am. Law Inst. 1995).

[10] Rashanda Bruce, @Handle It With #Care: Right of Publicity Tips for Companies Who Market Online, FOX ROTHSCHILD LLP (July 21, 2017), https://www.foxrothschild.com/ (accessed Apr. 22, 2025).

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