Eduard Grygorian’s Expertise: The Maestro of Vintage Elegance

Eduard Grygorian, the visionary founder of the Gallery, commands recognition as a true virtuoso in the domain of vintage jewelry and watches. His profound knowledge, coupled with decades of experience, empowers him to curate pieces of significant historical and aesthetic merit. The selection of each artifact is a meticulous endeavor, encompassing a thorough examination of its provenance and condition. With a sense for detail, Eduard ensures that every treasure is not merely aesthetically captivating, but possesses a unique narrative that augments its intrinsic value.

Grygorian Gallery transcends the mere commerce of vintage jewelry; it bestows upon customers genuine masterpieces of art, each imbued with a unique story. This grants astute buyers the opportunity not only to acquire a luxurious piece but to engage with the history, immersing themselves in the earlier eras.

Vintage Jewelry: The Art of Yesterday in Contemporary Splendor

Vintage jewelry transcends mere adornment; it embodies a symbol of sophistication, a legacy woven through generations. Grygorian Gallery boasts a remarkable collection of necklaces, bracelets, rings, and brooches, each a testament to the artistry of its respective epoch. From the graceful lines of Art Deco elegance to the intricate elegance of Victorian craftsmanship, each piece radiates its own unique allure.

Through meticulous curation, the Gallery presents its clientele with jewelry that defies the passage of time, serving both as aesthetic delight and a savvy investment. Vintage pieces, often rare and one-of-a-kind, retain their value and exude a unique energy.

A Tailored Experience and Assurance of Quality

The hallmark of Grygorian Gallery lies in its bespoke approach to each customer. Whether in pursuit of a vintage necklace or a collectible timepiece, the gallery extends professional consultations, guiding clients toward selections that resonate with their personal narratives. Furthermore, the gallery offers professional assessments of both artifacts and gemstones, establishing itself as a trusted resource for those aspiring to invest in vintage treasures. Every piece undergoes a rigorous authenticity verification, instilling confidence in every exchange.

Grygorian Gallery: A Narrative that Endures

As our gallery flourishes, it increasingly captivates the attention of collectors and enthusiasts of vintage artifacts worldwide. Grygorian Gallery offers not merely luxurious possessions but genuine works of art that resonate with the spirit of their eras, preserving their value across time.

Every artifact within our collection presents an opportunity to engage with history, to claim ownership of a treasure that enchants with its beauty and grace. Be it a rare jewel, a distinctive watch, or a precious gemstone, Grygorian Gallery remains devoted to offering only the finest to its discerning clientele.

Gossip Girl

 A show synonymous with luxury and exclusivity, Gossip Girl showcased the opulence of Manhattan’s elite. From Blair Waldorf’s preppy, structured silhouettes to Serena van der Woodsen’s effortless boho-chic ensembles, the show redefined aspirational fashion. Designers like Chanel, Marc Jacobs, and Valentino played an integral role in crafting the show’s aesthetic, making it a fashion reference for years to come. One of the most memorable looks was Blair’s red Oscar de la Renta gown in Season 4, a symbol of her high-fashion elegance, while Serena’s sequined gold Georges Chakra dress at the White Party set the tone for her free-spirited yet sophisticated style.

Sex and the City

A pioneering force in television fashion, Sex and the City revolutionized the way fashion was integrated into storytelling. Carrie Bradshaw’s bold experimental looks, often featuring Manolo Blahniks and vintage Dior, created a movement that encouraged self-expression through clothing. The show’s style remains a blueprint for fearless, high-end dressing. Carrie’s iconic newspaper print dress by John Galliano for Dior became an unforgettable moment in TV fashion, while her tulle tutu ensemble in the opening credits set the stage for her whimsical and adventurous wardrobe.

Emily in Paris

The French aesthetic has always captivated audiences, and Emily in Paris brought it to the forefront with a modern twist. A mix of flamboyant prints, bold accessories, and quintessentially Parisian elegance, Emily’s wardrobe celebrates maximalism while paying homage to classic European fashion houses like Balmain and Chanel. One of the most talked-about outfits was Emily’s Eiffel Tower-print shirt paired with a red beret, epitomizing the show’s playful approach to French fashion. Her checkered jacket by Veronica Beard and pink floral dress by Giambattista Valli also made waves in the fashion world.

Euphoria

 A cultural reset in the realm of fashion, Euphoria introduced an avant-garde approach to personal style. Glitter-infused makeup, futuristic silhouettes, and Y2K-inspired ensembles set the tone for a new wave of experimental dressing. Each character’s wardrobe tells a deeply personal story, reflecting the raw, unfiltered nature of their journeys. Rue’s oversized vintage T-shirts and Converse sneakers embodied her effortless, grunge-inspired aesthetic, while Jules’ eclectic mix of pastel hues and ruffled tops became a signature look. Maddy’s daring black cut-out dress in Season 2 was an instant fashion moment that cemented her status as the show’s style icon.

Mad Men

A nostalgic trip into the refined world of 1960s fashion, Mad Men delivered impeccable tailoring and timeless sophistication. Joan Holloway’s figure-hugging dresses, Don Draper’s classic suits, and Betty Draper’s polished ensembles captured the essence of mid-century glamour, influencing a revival of vintage aesthetics in modern fashion. Joan’s red fitted pencil dress remains one of the most striking looks, embodying her confidence and femininity. Betty’s Grace Kelly-inspired floral dresses and pearls created a timeless and elegant image that defined her character.

The Crown

Royal elegance reigns supreme in The Crown, where historical accuracy meets sartorial excellence. From Queen Elizabeth’s regal coats to Princess Diana’s unforgettable ’80s power looks, the show meticulously recreates some of the most iconic fashion moments of the British monarchy. Diana’s revenge dress—a sleek black off-the-shoulder gown—became one of the most iconic moments in fashion history. Her pastel pink suit, a tribute to her signature polished style, also stood out as a perfect blend of royal poise and modern elegance.

Bridgerton

A fusion of period drama and high fashion, Bridgerton redefined Regency-era aesthetics with a modernized twist. Embellished empire-waist gowns, intricate lace detailing, and pastel color palettes became an instant hit, inspiring a resurgence of romantic, vintage-inspired dressing in contemporary fashion. Daphne’s powder blue ballgown adorned with delicate embroidery epitomized the show’s romantic appeal, while Queen Charlotte’s extravagant wigs and jewel-encrusted dresses added an opulent flair that made the show a visual delight.

American Horror Story: Coven

Dark, mysterious, and unapologetically stylish, Coven delivered some of television’s most memorable fashion moments. The all-black ensembles, wide-brimmed hats, and sleek silhouettes exuded power and intrigue, solidifying the show’s status as a gothic fashion inspiration. Fiona Goode’s striking red power suit added a commanding presence, while Myrtle Snow’s eccentric orange outfit and oversized round glasses made her one of the most distinctive fashion figures in the series.

Dynasty (Reboot)

Opulence meets excess in Dynasty, where high fashion is a weapon of power. Dripping in luxury brands like Balmain, Versace, and Gucci, the characters embody the essence of modern glamour, making every scene a sartorial spectacle. Fallon Carrington’s dramatic gowns, like her golden Elie Saab dress, exuded pure wealth and extravagance. Alexis’ sharp-shouldered metallic suits further reinforced the show’s bold, power-dressing ethos.

Killing Eve

A masterclass in power dressing, Killing Eve is as much about style as it is about suspense. Villanelle’s wardrobe, filled with unexpected silhouettes, statement prints, and luxurious textures, transforms her into a high-fashion enigma, proving that even an assassin can be a style icon. Her pink tulle Molly Goddard dress, paired with combat boots, became an instant classic, blending femininity with rebellious energy. The structured green Dries Van Noten suit she wore while wreaking havoc exuded confidence and unpredictability.

Fashion in television is more than just clothing—it’s a storytelling device, a cultural touchstone, and a source of inspiration. These shows have not only influenced runways but have also left an everlasting impact on how fashion is perceived and embraced in everyday life.

Author name: Prisha Mehta

Ugly fashion being sold is not a very huge disaster in the industry but if we do sit back and wonder about the mindset or the thought which goes behind a few trends such as- Oversized Clothes, Crocs, Dad Sneakers, Distressed Tees or even Fanny Packs to say the least, we will be amazed.

“There’s a psychology behind these seemingly unflattering trends. People like to be daring, express themselves through their clothes, show their personalities and/or make a statement. Ugly fashion makes a statement. It says I’m confident enough to choose fashion over fit, I’m ok with breaking the rules, I’m ok with letting my individuality shine through.”[1]

There’s something undeniably fascinating about how “ugly” fashion transforms from being ridiculed to being revered. To me, it’s a bold reminder that fashion isn’t just about looking good—it’s about feeling powerful in what you wear. The appeal of these unconventional trends isn’t in their beauty but in their audacity. When someone confidently steps out in oversized silhouettes, clunky shoes, or bizarre color combinations, they’re making a statement: I dress for myself, not for approval. That kind of confidence is magnetic, and in many ways, it’s what fashion should be about—personal expression over societal expectations.

At the same time, I think ugly fashion works because it challenges the idea that looking “put together” is the only way to be stylish. It’s refreshing to see people embrace exaggerated, awkward, or downright bizarre trends simply because they like them. It’s almost rebellious—choosing weirdness over perfection, individuality over blending in. And when enough people do it? It stops being weird and starts being iconic. That’s the magic of fashion: today’s ugly can be tomorrow’s must-have.

From Balenciaga’s $1,850 “destroyed” sneakers to Crocs making a high-fashion comeback, the rise of “ugly” fashion has puzzled many. Why do people willingly buy something unconventional, even unattractive? The answer lies in psychology, social influence, and the ever-changing nature of fashion trends.

Fashion has long been about breaking norms. What was once considered ugly—chunky dad sneakers, oversized silhouettes, or bizarre colour clashes—becomes desirable when it challenges mainstream aesthetics. Wearing “ugly” fashion signals confidence and individuality, making the wearer stand out in a world of uniform trends.

Ironically, the uglier and more bizarre an item is, the more exclusive it feels. High-end designers deliberately create controversial pieces to spark conversation and maintain their elite status. Think of the infamous Balenciaga “trash bag” pouch—outrageous, yet instantly viral. The exclusivity and absurdity drive up demand.

Many “ugly” trends resurface from past decades—platform sandals, baggy jeans, or tiny sunglasses. Nostalgia makes these once-questionable styles appealing, and wearing them with irony adds a layer of humor. People embrace these trends to show they’re in on the joke, elevating “ugly” fashion into a cultural statement.

When a bizarre fashion trend gains traction among celebrities and influencers, it creates a “fear of missing out” (FOMO). The more people talk about how weird something looks, the more others want to own it. Limited-edition drops and viral marketing intensify the urge to buy, transforming what was once ugly into a must-have.

Ugly fashion sells because it challenges norms, fosters exclusivity, and thrives on nostalgia and hype. What’s unattractive today could be a status symbol tomorrow—proving that in fashion, beauty is truly in the eye of the beholder.

Ugly fashion is a reminder that style isn’t just about fitting into conventional beauty standards—it’s about breaking them. It challenges the idea that clothes must always be flattering to be fashionable. Instead, it shifts the focus to self-expression, confidence, and individuality. When someone wears something unconventional, they aren’t just following a trend; they’re making a statement about their comfort in their own skin and their willingness to stand apart from the crowd.

More than just a passing fad, ugly fashion represents a deeper shift in the way we view clothing. It embraces the idea that fashion should be fun, experimental, and, most importantly, personal. What’s considered “ugly” today can become the next big thing, proving that beauty in fashion is fluid, ever-changing, and ultimately defined by the wearer. So, whether you love it or loathe it, one thing is certain—ugly fashion is powerful, and it’s here to stay.

[1] “UGLY” Fashion and Psychology Behind It! – JIJI MAJIRI

Author Name: Rukaiya Neemuchwala

Few businesses in the modern footwear industry have undergone such a dramatic transformation as Crocs. When this odd and unconventional sneaker was first released in 2002, it made quite a stir among the public. Crocs gained popularity among a particular group due to their utility, but most critics wrote them off as “ugly” and “clunky.” However, two decades later, the brand has evolved into a multibillion-dollar global phenomenon where comfort and audacious design statement drive its appeal. The then-ridiculed shoes have stretched beyond their original function to represent individuality, self-expression, and cultural importance.

Origins and Initial Reception

Crocs were made of a patented foam material called Croslite. Originally, it was designed to be a practical shoe for boating. It has a lightweight design, buoyancy, great comfort, and does not slip much. These advantages make this material especially suited to aquatic environments. When the product first hit the market, Crocs became a favorite of niche markets that preferred functionality over aesthetics, such as boaters, gardeners, and medical workers.

Despite gaining more popularity among rational consumers, Crocs were largely despised for their awkward looks. Both fashion critics and ordinary customers severely lambasted the hole-patterned design and lumpy shape. The shoes are a sartorial blunder, as reported by many critics, and social media and digital mediums played a crucial role in raising these negative sentiments. According to Sullivan (2019), it was because of their unattractive design that early opposition to Crocs ensued and it stopped them from reaching wider audiences.

The brand messaging and the product had to be strategically reinvented in order to overcome this obstacle. Crocs needed to position itself beyond being useful and showcase its adaptability and unique appeal to change the perception of the public.

Marketing and Branding Strategies

To overcome this hurdle, there was a strong need to strategize the re-invention of the brand messaging and the product itself. For Crocs to shift public opinion, it needed to position itself from being just useful to more flexible and attractive in its nature.

Through viral marketing and social media, Crocs was able to change their reputation. Most user-generated content, especially from Instagram and TikTok, exhibited the shoes to be adaptable; there were plenty of ways a person could wear them. This way, #Crocs  effectively removed the brand from its prior stigma by symbolizing comfort with new fashion sensitivity (Smith, 2022).

Younger generations, such as millennials and Gen Z, who prioritize comfort, individuality, and authenticity over traditional standards of fashion, resonated strongly with embracing digital culture. According to Smith (2022), the ability of Crocs to engage with its followers on social media helped change the image of the company from a functional brand to one that is associated with self-expression.

Collaborations and Endorsements

Among the critical moves that led the company to enter the mainstream was Crocs’ strategic partnership with leading corporations, fashion designers, and celebrities. The partnerships not only made the product more appealing but also changed the cultural significance of Crocs.

Crocs entered the high fashion and streetwear world through partnerships with famous names such as Balenciaga, Post Malone, Justin Bieber, and Bad Bunny. These limited-edition collections attracted both fashion enthusiasts and collectors, generating much buzz. For instance, the Balenciaga-Crocs collaboration transformed the brand’s image by placing it in the luxury market and turning all assumptions on their head about what high fashion could be.

Celebrity endorsements have also brought popularity back to Crocs. Seeing celebrities wear Crocs has been an excellent way to make the brand acceptable to previously untrustworthy circles. According to Johnson (2022), these endorsements positioned Crocs in line with ideals that appeal greatly to contemporary customers, such as uniqueness, authenticity, and self-expression.

Additionally, personalization was adopted by introducing Jibbitz-a little charm by which customers may personalize their shoes. This innovation increased the appeal of the brand and also promoted customer inventiveness and engagement.

Cultural Relevance and Identity

Crocs has managed to place itself in a position as a brand that supports community-driven projects and cultural trends. Jibbitz’s launch and the institution of “National Crocs Day” only further entrenched the idea that Crocs is not just a shoe but an expression of one’s self. In this regard, the programs helped users feel they belonged by creating an all-inclusive community centered on self-expression.

The COVID-19 pandemic helped Crocs solidify its market position. The need for comfortable, wearable footwear grew with people spending more time in their homes. Many people are now currently looking for beautiful functional home furnishings in the form of Crocs. In fact, says Lee (2021), the “pandemic era comfort-wear” trend was necessary for solidifying the standing of Crocs as a daily need.

Financial Growth and Market Performance

The financial success of Crocs is a testament to its strategic reimagining. In 2021, the company’s revenue surpassed $1 billion, proving that it has been able to reach mainstream as well as specialist industries. Strong e-commerce presence and global expansion have been key factors in this rise.

According to Brown (2022), Crocs has benefited greatly from globalization, which has enabled it to access previously untapped regions and attract new customers. The brand’s accessibility and profitability have increased even more as a result of its ability to use digital sales channels.

These efforts, as Lucy (2023) puts it, not only reduce the environmental impact of the brand but also attract younger, eco-conscious consumers who are concerned about sustainability.

Challenges and Criticism

Despite its remarkable transformation, Crocs is not without its challenges. Some critics argue that its reliance on collaborations and limited-edition releases may not be a sustainable long-term strategy. Others point out that the brand’s appeal remains polarizing, with some consumers still unwilling to embrace its bold design.

In addition, there are emerging footwear brands that are also capitalizing on the comfort-driven fashion trend. To remain relevant in an ever-changing market, Crocs will need to continue innovating and adapting.

Conclusion

Crocs’ development is an interesting example of brand transition. What was once a specialized product for specific occupations has evolved into a widely acknowledged cultural phenomenon. Crocs has been successful in redefining itself as more than just a functional shoe through creative marketing, high-profile partnerships, and a thorough study of customer behavior. Prioritizing comfort, sustainability, and originality has helped Crocs build a devoted following of customers that keeps expanding.

Crocs will require constant innovation and intelligent brand positioning in order to be culturally relevant while it develops. The company has demonstrated the adaptability and longevity of its business through new partnerships, sustainability initiatives, and technological developments. At the end of the day, Crocs exemplifies how a business can turn early criticism into widespread acceptance and how the most unusual ideas can work if executed correctly.

References

Brown, C. (2022). Crocs Reevaluates Brand Identity and Revenue Streams Amid Market Changes. Business of Fashion.

Johnson, R. (2022). The Rise of Crocs: How the Ugly Duckling Became a Fashion Staple. Fashionista.

Lee, M. (2021). The Comfort Craze: How the Pandemic Propelled Crocs into the Limelight. Forbes.

Lucy, H. (2023). Sustainability in Footwear: The Case of Crocs’ Eco-Friendly Innovations. Environmental Journal.

Mehta, A. (2020). Comfort Over Style: The Strategy Behind Crocs’ Success. Retail Dive.

Parker, J. (2021). Collaborations that Changed the Game: Crocs and High Fashion. Vogue.

Roberts, T. (2023). Community and Culture: The Crocs Phenomenon. Cultural Studies Review.

Smith, L. (2022). The Power of Social Media in Shaping the Narrative Around Crocs. Digital Marketing Journal.

Sullivan, N. (2019). Crocs: A Case Study in Controversial Footwear. The Journal of Fashion Marketing.

Tremblay, S. (2021). Understanding the Material: What Makes Crocs Unique? Materials Science and Fashion.

Author Name: Nisha Ujainwal 

In case you have been living under a rock, let me bring you up to speed on what has recently occurred in our world of pop culture. Selena Gomez, the former Disney Channel star and Singer, got engaged to her longtime boyfriend,  the famous Songwriter and producer Benny Blanco, known for his compositions in hits like ‘Lonely  – Justin Bieber’ (We know, Ironic, Right?) Before we digress, let’s come back to the ‘Rock’ in the room, the diamond around Selena’s finger.

What is a Marquise diamond? Did you ever wonder till its comeback?
Let us tell you about it.

Behind its chic cut and elegant sharpness, there is a story, a love story which wraps around many lovers past its time along with its royal history. Straight from the French Courts of Royalty, it is believed that King Louis XV came across Jean Antionnete Poissone at a masked ball in Versailles. Captivated by her beauty and sheer elegance he had never seen before, he made her his chief mistress with a high-ranked place in the court as the Marquise de Pompadour (also known as Madame de Pompadour). Out of all that Jean Antionnete Poissone possessed, King Louis XV was most awestruck with the shape of her lips, calling them the most perfect lips he had ever laid his eyes on.

He summoned the royal jeweller, the best he knew, to design a Diamond in the exact shape of her lips and thus was made, The Marquise Diamond!

Although the diamond had its ups and downs in terms of preference among buyers, it always fluctuated over time, such as from the late 60s to the early 70s, especially being popular among the brides, the younger shoppers looked away from these cuts, terming it “my mother’s diamond”, making the Marquise cut the last choice. But, the full circle moments in fashion have given a comeback to fashion trends we thought we’d never see; like the bell bottoms, the Marquise Diamond is given another chance.

While yes, since the 60s, technology has changed in terms of craftsmanship, making the cuts more defined and allowing more light performance in the diamond and having cut up to 58 like a regular diamond while the trick is to maintain the shape, size, and ultimately mastery of the diamond is the key to making it as desirable if not more than a regular diamond.

When considering a marquise diamond, it’s important to examine the finer details of the cut and structure. One feature to look for is the “French Tip,” a specialized cut variation where several smaller facets replace the large bezel facet at each tip. This technique enhances the diamond’s appearance by making the pointed ends resemble a star, increasing their sparkle and brilliance. Identifying a French Tip can be challenging without a trained eye, so consulting a professional jeweler or gemologist can be helpful to determine if your diamond has this unique characteristic.

The process of selecting a marquise diamond is also influenced by the shape of the rough crystal from which it is cut. Certain rough diamond crystals, particularly flatter ones, are often chosen for marquise cuts because of their suitability for this elongated shape. When evaluating a loose marquise diamond, it’s crucial to examine it from multiple angles—both from the top and the side profile. This allows you to assess its depth, which is a key factor in determining the diamond’s overall quality and durability.

Some marquise diamonds are described as “shallow” or “spready,” terms that refer to stones with less depth relative to their length and width. While these stones may not meet the ideal proportions for a marquise cut, they can offer certain advantages. A spready diamond often looks larger than a proportionally deeper stone, which can be appealing if you’re seeking a diamond with maximum visual impact. Additionally, spready diamonds tend to be priced lower than their ideally proportioned counterparts, making them a budget-friendly option for those who prioritize size over perfection.

However, it’s worth noting that marquise diamonds with shallow depths may have drawbacks. The pointed ends, a hallmark of the marquise shape, are more vulnerable to chipping or damage, particularly if the depth falls below the recommended range. A well-proportioned stone balances aesthetic appeal with structural integrity, so understanding the trade-offs is key. If you’re considering a spready diamond, ensure you’re informed about its characteristics and have it set in a protective setting to minimize the risk of damage. With careful evaluation and awareness, you can choose a marquise diamond that suits your preferences and budget while ensuring lasting beauty and value.

Author Name:  Prathyusha Harish (Columnist)

Prathyusha Harish is a legal consultant specialising in fashion law and mediation, blending her expertise in dispute resolution with a deep passion for the fashion industry.
She explores the intersection of law, business, and design and is also the founder of a fashion brand.

Period dramas like Bridgerton have made historical fashion look glamorous and appealing. Imagine stepping into a grand ballroom and several ladies in jaw-dropping gowns covered in lace and glittering fabrics swirl across the floor. Several empire waistlines? Their iconic designs transform each dress into a fairy-tale masterpiece. However, the costumes in Bridgerton are more than just clothing, they practically tell stories about each characters. Daphne Bridgerton’s several sweet as well as modest debutante dresses project an “innocent girl-next-door” image, on the other hand, for the Featheringtons’ attire is quite different. Their fashion is strikingly bold and wildly extravagant, exhibiting an unapologetically extra flair in every single look and we deeply love them for this audacious style. For fashion lovers, it’s a visually delightful feast; a dreamy, glamorous Regency era and each detail is fascinating.

Lately, historical fashion has made a serious comeback, thanks to period dramas sparking what’s now called “Regencycore.” Designers are obsessed with mixing vintage elegance, with modern twists. But as beautiful as this blend looks on runways and red carpets, it raises some pretty tricky legal questions in the world of fashion law.

Modern designers are all about that Regency revival, taking notes from history and giving them a chic, 21st-century twist. Corsets are back but with a comfy, everyday twist, empire-waist dresses are floating in with all the elegance, and delicate embroidery is suddenly the coolest thing around. Retailers are all about the Bridgerton vibe right now, with collections full of puff sleeves, soft pastel shades, and intricate details. It’s like a mix of old-school charm and modern style. Floral corsets and high-waisted skirts have become the go-to pieces, perfectly combining classic elegance with a fresh, modern feel. As people fall for these vintage-inspired looks, they’re also drawn into the rich stories behind them, realizing how heritage shapes who we are today.  It’s where period drama glamour meets modern creativity, creating a stylish bridge between then and now.

Things get a bit messy when designers dip into history for inspiration. Cultural appropriation becomes a major issue when traditional designs are borrowed without giving credit where it’s due. Then there’s the challenge of protecting those classic styles while still keeping things fresh and fabulous. It’s a balancing act between honouring heritage and staying creative.  

In this article, by taking a closer look at Bridgerton and other period dramas, we’ll see how fashion laws need to catch up with the challenges of mixing historical flair with today’s trends.

Cultural Appropriation vs. Appreciation

Period dramas love to mix up different cultural styles in their costumes, showing how people from different backgrounds interacted in history. For example, The Crown uses costumes that reflect Britain’s colonial past, including pieces from the cultures it once ruled. Shows like Pride and Prejudice and Bridgerton mix Regency fashion with small hints of the diverse cultures around them. But the tricky part is when these cultures are included without explanation or respect, it can come off as appropriation. If not done carefully, it can just feel like using someone’s culture as a trend, which can reinforce stereotypes and make it seem less meaningful. It’s important to strike a balance between showing cultural influence and respecting it properly.

These dramas have a big responsibility in how they portray cultural fashion. They can either teach viewers about the history and importance behind these styles or turn them into just another trend. If done right, they can really highlight how different cultures have influenced each other over time, which is a great way to promote appreciation. But if they’re not careful, they can end up pushing stereotypes and losing the real significance of these cultural elements.

Designers need to know where to draw the line between appreciation and appropriation by approaching cultural elements with care and respect. It’s crucial to understand the history and meaning behind these designs to avoid misrepresenting or taking advantage of those cultures.  Working with artisans from the cultures being represented can lead to a more genuine exchange and help make sure cultural details are respected. It creates a real connection and helps avoid missteps.

Legal Protections for Traditional and Historical Designs

Fashion and culture go hand in hand, but it gets tricky when it comes to protecting traditional and old designs. Copyrights and trademarks just don’t do a great job of covering these unique creations, leaving important cultural expressions without proper legal protection.

IP laws are all about giving creators rights over their original work, but traditional designs don’t really fit into that system. In many places, these cultural expressions are treated as public property, so anyone can use them without asking permission or giving credit.[1]

In India, laws like the Copyright Act of 1957[2] and the Designs Act of 2000[3] offer some protection for artistic works and design elements. The issue is that these laws only protect the designs themselves, not the cultural stories they tell. So while saree prints can be protected by copyright and certain weaves like Kanchipuram silk have GIs, there’s no real protection for the beautiful draping styles unique to different regions. Since draping is seen as a process, not an artistic work, it just doesn’t fit into the legal framework.[4] Similarly, African tribal patterns have deep cultural stories and histories behind them, but there’s no solid legal system to protect them. Since traditional knowledge and cultural expressions aren’t treated as assets under the law, designers can freely use or rather, misuse these patterns without any consequences.[5] This gap clearly shows how flawed IP laws are, they completely miss the mark when it comes to recognizing and protecting the cultural heritage behind these designs.

To close these gaps, we really need better legal frameworks to protect cultural heritage in fashion. Designers should approach traditional cultures with respect and ethics, giving credit where it’s deserved and fairly compensating the communities involved. I think if the fashion industry works directly with artisans and includes their input in the design process, it can celebrate cultural diversity without taking from those cultures unfairly.

Bridging the Gap Between Glamour and Legal Responsibility

More countries are starting to realize that traditional designs need legal protection. There’s work happening globally to create systems that protect traditional cultural expressions (TCEs). The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) highlights that Indigenous communities should control their TCEs, calling for laws that focus on collective rights instead of just individual ownership.

Some strategies can help to keep cultural heritage safe while letting designers do their thing. Designers should team up with the artisans and communities behind the designs they want to use. That way, the designs stay real and meaningful. When they bring in voices from the cultures themselves, they can make fresh, cool collections that are still respectful and true to the roots.

Creativity is all about inspiration, but when it comes to cultural elements, inspiration should come with education. Designers and production teams need to dig into the history and meaning behind what they’re using, because cultural symbols aren’t just cool aesthetics, they carry deep significance. The last thing anyone wants is to turn meaningful traditions into a fashion statement gone wrong. Workshops, seminars, and collaborations with cultural organizations can turn education into an exciting journey rather than a chore, ensuring that creativity comes with respect and authenticity.

If you’re using traditional designs, don’t just take them, give credit to the culture they come from. It’s about respect and making sure their history isn’t erased. And if the community is involved in creating the design, they should be paid fairly.

Concluding Remarks

Period dramas are shaping today’s fashion, inspiring designers to incorporate period details. Celebrating diversity through fashion is wonderful because respect is also important. Designers show deep respect for indigenous cultures by actively collaborating with these communities and diligently learning about their traditions. Geographic Indicators and similar protections preserve the special nature of many designs and encourage original expression. This considerate approach considerably improves fashion and improves our appreciation and comprehension of diverse cultures.

Sources: 

[1] Brigitte Vézina, Curbing cultural appropriation in the fashion industry with intellectual property, WIPO Magazine (August 29, 2019). https://www.wipo.int/en/web/wipo-magazine/articles/curbing-cultural-appropriation-in-the-fashion-industry-with-intellectual-property-40880

[2] Copyrights Act, 1957, No. 14, Acts of Parliament, 1949 (India).

[3] Designs Act, 2000, No. 16, Acts of Parliament, 1949 (India)..

[4] Resham Mehta, Saree in Law, (December 31, 2021). https://baskaranslegal.com/blog/2021/12/31/saree-in-law/

[5] Supra note 1.

Author:

Sidratul Muntaha is an academically driven fourth-year BA LLB student at GGSIPU, dedicated to excellence in legal research and writing. Sidratul’s interests span corporate and financial regulation, criminal justice, and the intersection of fashion and law, where she brings a unique legal perspective to a creatively dynamic industry.

Since the late 1980s, when international consensus began developing into intellectual property, trade secret mechanisms have also become very important for protection in fashion. A very little understood yet critical form of protection, trade secrets have become a very important tool for fashion houses to protect designs, production methods, and business operations. It serves as a unique layer of protection for an indefinite period, provided secrecy is maintained.

Creative and innovative by nature, the fashion industry prides itself on exclusivity. With the era of fast fashion, employee mobility, and digitalized supply chains, the risk of trade secret misappropriation has never been higher. The article covers the protection of trade secrets in the fashion world, the jurisprudential framework, landmark cases and challenges to enforcement, and protection strategies.

1. Understanding Trade Secrets in Fashion

Definition and Requirements

Trade secrets or as the TRIPS Agreement would call it “Protection of undisclosed information” refers to a practice of a company that is generally not known outside of the company i.e. confidential business information that may be sold or even licensed. It provides a competitive advantage to the company and is a product of its internal research & development.

According to the TRIPS Agreement, a trade secret qualifies if it:

1. Is not easily accessible.
2. Is limited to the knowledge of a limited group of persons.
3. Is of commercial value due to its secrecy.
4. Is subject to reasonable protective measures.

How Trade Secrets Differ from Other IP Protections

Trade secrets differ from the other forms of IP since they cover a much wider range of information and technology. Unlike, other forms of intellectual property, it is not subject to novelty nor does it expire nor has any government administrative body overseeing it. It is protected by the torts of unfair competition and unjust enrichment. Trade secrets do not create a monopoly over information. The public can’t access it. Also, there is no legislation protecting trade secrets. Many recognise it but there is a lack of independent trade secret law.

Under the Copyright Act of 1957, any literary, dramatic, artistic, sound recording, cinematography, musical, or computer program is protected, and its exclusive rights are held by the creator. However, this is not an absolute protection, to attain the same the works are to be registered, which entails full disclosure of the creation to the public. It is open for objection and scrutiny.

Trademarks and trade secrets are opposites. A trademark is subject to popularity. As the Trademark Act of 1999 puts forth, a trademark is used to refer to any goods or services that are publicly known and accepted. They are also associated with business and it reaps monetary perks. Provides the trademark holder with protection against deceptive or identical marks, businesses, products, or services.

Meanwhile, an IP-like Patent Act of 1970 is there to protect inventions (products) and the process. It has a tenure of 20 years after expiration of which the invention is free for public usage. It has a set of requirements to be fulfilled in other to attain protection and recognition meaning it has to go through several patentability tests. Unlike trade secrets for getting protection for new inventions, a complete disclosure of the information is to be made to the public forum. It also requires prior approval from the government.[i]

Examples of Trade Secrets in Fashion

• Nike’s Flyknit Technology – It was a breakthrough in footwear, a proprietary knitting process that caused minimal waste. This is a patented process that while enhancing the performance of the product also, supported sustainability, and prevented material waste by 60%. Nike has been providing high-performance and eco-friendly footwear making it a market leader, and they have been doing so by keeping their weaving techniques and material composition a trade secret.
• Zara’s Supply Chain Model – what has been putting Zara on the competitive high is its fast production cycle i.e. just 30 days, which is rooted in its proprietary IT system allowing quick adaptation to trends, a trade secret hauling around in the factories of Zara. They have a closely guarded operational model which allows them to maintain efficiency and exclusivity. Their system processes all the real-time data, enabling designers to act swiftly.
• Hermès Saddle Stitching – A closely protected trade secret, known only to a few artisans to maintain exclusivity. This hand-sewing technique, used in its luxury leather goods, creates unparalleled durability and aesthetics that cannot be replicated by machines.

III. Legal Framework Governing Trade Secrets

International Standards

• TRIPS Agreement (1994) – Mandates WTO member states to enforce protections for trade secrets. Protection is subject to the condition that the undisclosed information is protected by the TRIPS Agreement as trade secrets or know-how. Article 39.2 states that the protection should extend to secret information, that has commercial value because it is secret, and has been subject to reasonable efforts to maintain its secrecy.
• EU Trade Secrets Directive (2016) – This proposal harmonizes the existing diverging laws, within the EU to protect trade secrets from being misappropriated.[ii] The TSD aims to protect companies against any form of illegal acquisition, utilization, or disclosure of their trade secrets. It aims to make recovery easier for victims of tortious wrongdoing, foster the exchange of knowledge among enterprises, and support innovation. It also provides redress mechanisms for victims of trade secret misappropriation.

Jurisdiction-Specific Laws

• United States

1. The Uniform Trade Secrets Act of 1985, protects from misappropriation and wrongful use, and in case of the loss of a trade secret, the Act provides civil remedies (injunctive or monetary).
2. Under the Economic Espionage Act of 1996, the federal government protected trade secrets against misappropriation and provided both civil and criminal penalties to offenders.

• Under federal law, came a new civil statutory scheme for trade secrets Defend Trade Secrets Act of 2016. It provides an opportunity to file lawsuits where the trade secret is related to a product or used in interstate or foreign commerce. Plaintiffs here can recover damages for foreign acts of misappropriation.

1. Further, under Section 337 of the Tariff Act of 1930, the International Trade Commission may issue an injunction against the importation of products made using misappropriated trade secrets in the U.S.

• European Union

1. The Directive (EU) 2016/943 harmonized within the EU following the existing internationally binding standards, it set out a minimum standard to protect trade secrets.[iii]
2. The European Union (Protection of Trade Secrets) Regulation, 2018 implements uniform standards but enforcement varies by country. If a trade secret has been unlawfully disclosed, used, or procured, the regulation provides remedies and civil redress in such distress. It ensures confidentiality is maintained throughout the court proceedings.

• India & China

Both nations have an evolving legal framework but are facing challenges in enforcement. India[iv], although lacks a dedicated trade secret legislation heavily relies on the existing frameworks to safeguard confidentiality.

1. In the Indian Contract Act, of 1872 a person can be bound not to disclose any information that is revealed to him in confidence with the use of a contract. The act governs legally binding agreements, essential for modern business transactions. It ensures that contracts are enforceable under Indian law, including those relating to confidentiality and trade secrets.
2. Section 43A and Section 72 of the Information Technology Act, 2000 provide for compensation for failure of securing sensitive data. Also, it holds entities accountable for any mishap, imposes criminal penalties, and provides criminal remedies respectively.

Yet, it doesn’t exclusively come forth as a legal protection, and contemporary times still call for a specific trade secret law to protect the commercial nature of transactions, the techniques, business pieces of information, strategies, etc.

In China[v], trade secrets are protected under the Anti-Unfair Competition Law (AUCL). It has defined them as confidential techniques or information with commercial value. Recent amendments in the AUCL have strengthened protection by shifting the burden of proof to the infringer, punitive damages for bad-faith misappropriation, and judicial interpretations were issued by the Supreme People’s Court. Despite these, enforcement remains a challenge.

1. Landmark Trade Secret Cases in Fashion
2. Adidas America Inc. v. Skechers USA Inc. (2016)

The famous lawsuit between the two footwear-ruling luxury brands became the talk of the town since, the claim by Adidas has begun to be a pressing matter as the Skechers had copied their design of “Stan Smith” sneaker and had misappropriated proprietary technology, including the Boost sole technology. This stirred the issue of the products being barely distinctable which impacted Adidas’ market value. The injunction favoring Adidas ruled Skechers out of further sale of its version of the shoe. In furtherance, the ruling highlighted how diversions through misappropriation of trade secrets and trade dress infringement affect the fashion industry by emphasizing the importance of branding and technology.[1]

2. Lululemon Athletica Canada Inc. v. Under Armour Inc. (2017)

This lawsuit focused on the theft of patented fabric technology used by Lululemon to make compression wear by Under Armour. Lululemon’s proprietary rights were impacted while Under Armour argued that functional innovations in apparel are not subject to a monopoly. Although the case was settled outside the court, it did leave a remarkable mark on the importance of technological advancement in fashion and the legal battles over proprietary textile technology.[2]

3. Star Athletica, LLC v. Varsity Brands, Inc. (2017)

See cheerleading fits and not to think of Varsity would be baffling. The famous manufacturer of the cheerleading uniforms Varsity Brands, sued Star Athletic contending that its unique design was protected as a trade secret and copyright. The Supreme Court judgment came in favor of Varsity Brands, it also established a distinction between functional features and artistic elements in fashion, a major factor for trade secrets.[3]

4. Gucci America, Inc. v. Guess?, Inc. (2012)

Gucci accused Guess of stealing its proprietary designs, particularly its interlocking “G” logo, diamond pattern, and stripe motifs. Gucci argued that this act has put the brand identity on a thin line since the products were not distinctive. The U.S. court ruled in favor of Gucci, awarded them damages but also discarded many of their trade dress claims in the suit. This case highlighted how the brands rely on trade secrets and trademarks to protect their brand image.[4]

1. Challenges in Protecting Trade Secrets in Fashion
2. Globalization and Outsourcing Risks

Global supply chains are heavily relied on by fashion brands as they’re manufacturing products across the globe. However, as reliable as it is, this becomes a point of risk, risks such as the disclosure of trade secrets, and unauthorized usage by third parties and contractors in this outsourcing could lead to counterfeits and knockoffs. Counties that are not signatories of WIPO or other IP-protecting bodies, or have weak IP laws pose the most risk for brands expanding their business while protecting their trade secrets.

2. Employee Mobility and Insider Threats

Being a dynamic industry also brings in frequent job shifts. Employees leaving one company to join the other, or worse, a competitor is threatening. Each employee is valuable and has valuable knowledge of the industry knick-knacks, be it the design processes marketing strategies, or manufacturing techniques. A non-compete agreement protects trade secrets but its enforceability varies by jurisdiction.

3. Cybersecurity Threats and Digital Theft

Everything’s digital in this age. Everyone has escaped from that pen-paper pain to a screen now, and this industry is no different. Fashion brands are shifting their way with the design software, experimenting with AI-generated designs, and the cloud storage that is blindly caved into are the major openers for being targeted by cyber espionage. Hackers and competitors steal and disclose proprietary designs and future concepts, unreleased collectings, causing heavy loss and reputable harm.

4. Litigation vs. Confidentiality

Going forth with legal action for a trade secret misappropriation comes at its price. It demands that very protected secrets and sensitive information be disclosed, which can throw them off the competitive edge. Out-of-court settlements or alternative dispute resolutions are lately being opted by brands to carry out trade secret disputes confidentially.

1. Best Practices for Safeguarding Trade Secrets
2. Legal Protections

• Non-Disclosure Agreements (NDAs): Contracts, employees, and business partners need to agree to this since a company’s data and internal mechanisms are all subject to strict confidentiality.
• Non-Compete Clauses: This prevents valuable employees from joining competitors after leaving the company. It is important to safeguard one’s trade secrets.
• Trade Secret Enforcement Programs: Regular internal audits are conducted to detect any leak of data or any illegal activity on the premises. It’s mainly done to prevent any such unauthorized conduct.

2. Technological Safeguards

• Blockchain for Supply Chain Security: It prevents unauthorized, illegal access to proprietary materials by creating an immutable record of transactions.
• AI-Based Monitoring: It ascertains any cyber intrusions and insider threats that might lead to any disclosure or fraudulent conduct.3. Corporate Strategies

• Regular Trade Secret Audits: Audits are conducted internally and externally to determine any underlying vulnerabilities and necessitate enforcement.
• Employee Training & IP Awareness Programs: These programs and activities educate the staff on trade secret policies, and also aid in the prevention of any possible future misconduct. It brings the employees into a close-knit circle where they’re valued thus, developing a sense of security and involvement. This ensures a better work environment and understanding of the work and workplace.

VII. The Future of Trade Secret Protection in Fashion

1. AI and Digital Fashion

The fashion industry’s landscape is developing and artificial intelligence is having a transformative impact on its reshaping. AI is ushering[vi] in efficiency, algorithmic processes, and unprecedented innovation. AI is the driving force of the innovators in this digital era, they’re exploring new frontiers, unlocking unfathomable possibilities via generative tools, virtual try-on, and fittings, providing consumers with a personalized and intimate experience.

There are risks associated with the use of AI since it uses consumers’ personal data to cater to each profile they seek, all while this can’t be neglected by the industry’s carefully weigh-in data privacy regulations.[vii]

2. Alternative Dispute Resolution (ADR)

ADR provides relief from the lengthy, long-drawn process of litigation. It is a better safeguard time-efficient, and cost-effective method. It provides solutions through a single procedure escaping the issues of multiple jurisdictions. Methods like arbitration and mediation, are widely recognized methods of handling disputes.

Trade secrets are sensitive information of any business, in traditional court proceedings which are typically public, the businesses disclose[viii] All such pieces of information are integral to them. Meanwhile, ADR gives the key advantage of confidentiality. Dealt one-to-one and protect the party in dispute and their secrets, maintaining business relationships. Disputes in the fashion industry cover a variety of issues, emerging from distribution, contracts, advertisements, and franchising, among others.[ix]

3. Legislative Trends

Trade secrets are still under the veil. Countries are still working on a solid framework to govern and protect trade secrets from misappropriation, theft, or unauthorized usage.

Governments[x] Have to increase the funding for enforcement agencies and technical assistance for countering counterfeiting, protecting uniqueness and novelty from copying, cooperating with international law enforcement, and giving whistleblower immunity.

India does not have a conclusive trade secret law; however, fashion trade secrets are protected under the umbrella of existing intellectual property laws like the Trademark Act of 1999, the Copyright Act of 1957, and the Designs Act of 2000. Each of these acts specifically protects the fashion industry and its brands from getting robbed of its identity and market value.

They preserve the artistic aspects of fashion designs, the visual elements, graphic marks, and brand identification. Even after all this, there is still a call for stringent legislation focused on the protection of trade secrets.

VIII. Conclusion

Trade secrets as invisible as it is to the eyes, underneath all the successful fashion houses and businesses play a critical role in protecting their name, and brand identity, keeping them distinguished from competitors, and keeping up on the competitive edge. Brands have increasingly relied on technological and digital advancements, operational models, and proprietary materials safeguarding trade secrets must be a top priority. Trade secrets aren’t protected by strict laws in most countries, but in one way or another several legislations happen to cover the sensitivity and need of keeping secrets. Implementing legal, technological, and corporate measures will ensure that fashion companies maintain their stance and status quo in the ever-changing dynamic of the market.

References & Citations

• TRIPS Agreement, WTO.
• EU Trade Secrets Directive, EUR-Lex.
• Adidas v. Skechers, Bloomberg Law.
• European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188/2018), Ireland
• WIPO Reports on Trade Secret Protection.
• McKinsey’s 2023 Fashion Industry Report.
• Harvard Business Review on IP in Fashion.

• Adidas Am., Inc. v. Skechers U.S.A., Inc., 890 F.3d 747 (9th Cir. 2018).
• Lululemon Athletica Can. Inc. v. Under Armour, Inc., No. 1:17-cv-01689 (D. Del. 2017).
• Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).
• Gucci Am., Inc. v. Guess?, Inc., 868 F. Supp. 2d 207 (S.D.N.Y. 2012).

[1] Adidas Am., Inc. v. Skechers U.S.A., Inc., 890 F.3d 747 (9th Cir. 2018).

[2] Lululemon Athletica Can. Inc. v. Under Armour, Inc., No. 1:17-cv-01689 (D. Del. 2017).

[3] Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).

[4] Gucci Am., Inc. v. Guess?, Inc., 868 F. Supp. 2d 207 (S.D.N.Y. 2012).

[i] https://www.mololamken.com/knowledge-how-do-trade-secrets-compare-to-other-types-of#:~:text=Trade%2Dsecret%20rights%20are%20established,provide%20a%20monopoly%20over%20information. (Accessed on 29^th January 2025)

[ii] https://single-market-economy.ec.europa.eu/industry/strategy/intellectual-property/trade-secrets_en#:~:text=The%20trade%20secrets%20directive%20in%20short&text=Without%20establishing%20criminal%20sanctions%2C%20the,disclosure%20of%20misappropriated%20trade%20secrets(Accessed on 29^th January 2025)

[iii] https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_reg_ip_ge_22/wipo_reg_ip_ge_22_t2.pdf (Accessed on  30^th  January 2025)

[iv] https://www.copperpodip.com/post/protecting-trade-secrets-in-india#:~:text=The%20Indian%20Contract%20Act%2C%201872%20and%20the,to%20the%20owners%20of%20trade%20secrets%20are (Accessed on 31^st January 2025)

[v]  https://www.dlapiper.com/en/insights/publications/2024/03/trade-secrets-protection-in-china-case-insights-from-the-record?utm_source=chatgpt.com (Accessed on 1^st February 2025)

[vi]  https://techpacker.com/blog/design/how-artificial-intelligence-is-revolutionizing-the-fashion-industry/(Accessed on 1^st February 2025)

[vii] https://www.theinterline.com/2023/09/07/the-uncharted-legal-frontier-of-ai-in-fashion/(Accessed on 1^st February 2025)

[viii] https://juriscentre.com/2023/10/14/fashion-resolution-exploring-adrs-role-in-the-fashion-industry/#:~:text=Confidentiality%20is%20one%20of%20the,sensitive%20information%20and%20trade%20secrets.(Accessed on 1^st February 2025)

[ix] https://www.wipo.int/amc/en/center/specific-sectors/fashion/(Accessed on 1^st February 2025)

[x] https://americanmarketer.com/2021/02/16/trade-secrets-what-fashion-and-luxury-goods-companies-need-to-know/#:~:text=Misappropriation%20means%20that%20%E2%80%9Cimproper%20means,learns%20for%20its%20own%20business.(Accessed on 2^nd February 2025)

Author:

Bio:

Shivangi Vatsa, a law student at ICFAI Law School, ICFAI University Dehradun, sees a striking parallel between law and fashion—both rooted in structure, style, and boldness. Whether unraveling legal complexities or exploring fashion’s evolving trends, she believes every great creation is guided by underlying principles that shape its impact.

In the current saturated digital world, brands have a hard time catching the attention of consumers. With innumerable product options available and skepticism toward traditional advertising on the rise, consumers today find it hard to believe any message. So on one hand, they share news and opinions among peers and friends, while on the other hand, they block ads.

The trust deficit, then, is where influencer marketing picks up speed. Instead of glamorous celebrity endorsements, influencers build trust with their audiences over time, which makes their recommendations seem authentic and relatable. Consumers may not trust big brands, but they trust the people next door who seem to share their lifestyle or values.

It is essential for brands to work with the right influencer, as that influencer lingers in people’s minds and shapes their impressions based upon his or her point of view. Promotion is not what successful influencers are about; they blend products naturally into stories with genuine resonance. There has been a huge trust shift toward influencers, notably among Gen Z and millennials, which has been rising confidently over the years.

With this backdrop, the definition of an influencer is constantly changing. An influencer today can be anyone who creates compelling and entertaining content, whatever the size of their audience. Relatability, intelligence, and authenticity mean far more in driving trust than content which is aspirational. The changes in consumer behaviour reveal that influencer marketing is on the rise, making it one of the strongest tools in the digital age.

LEGAL FRAMEWORK GOVERNING INFLUENCER MARKETING

1. Endorsement Guidelines for Celebrities and Social Media Influencers

In the year 2023, the Department of Consumer Affairs under the Ministry of Consumer Affairs, Food and Public Distribution has published the endorsement guidelines for celebrities and social media influencers. [1]The social media influencer market in India, valued at ₹1275 crore in the past year, is expected to be worth ₹2800 crore by 2025. With over 100,000 influencers exerting considerable influence on consumer decision-making, the regulatory checks seem justified. [2]

Endorsers are required to be honest about any material connection with the brands, whether monetary, free samples, publicity, or other incentives. Disclosures should be made conspicuously and use terms such as “advertisement”, “sponsored”, or “paid promotion“. Other product endorsements are fine, as long as the influencer has actually used or experienced them, therefore ensuring credibility.

The penalties for violation range from ₹10 lakh for the first offense to ₹50 lakh for repeat offenders. A repeat offender shall be banned or imprisoned for six months to two years. The violation of these guidelines shall be violated under the authority of the CCPA, under the Consumer Protection Act, 2019, in order to prevent misleading advertisements and protect the interest of consumers.

2. Consumer Protection Act, 2019

The Consumer Protection Act of 2019 [3]is concerned with the regulation of influencer marketing while providing adequate transparency and protection of consumer interests. The Act elaborates on consumer rights and makes endorsers responsible for misleading acts.

KEY PROVISIONS:

1. Endorsements (Section 2(18)): [4]Endorsements include any statement made orally, demonstrations, or depictions by a person who, in fact, acts as someone whose view is being solicited by the consumers.
2. Misleading Advertisement (Section 2(28)): [5]Misleading advertisements are anything false or misleading that may mislead a consumer.
3. Regulatory Surveillance (Section 21): The [6]CCPA can, on its own or on application, investigate and take action against false advertisements that are misleading.
4. Penalties (Section 89): [7]Tough penalties can be imposed on influencers who fail to make full disclosures related to endorsement contracts.

Misleading endorsements can be also classified as unfair trade practices, and therefore, influencers as service providers can be questioned legally. Consumers are entitled to file complaints with the Consumer Dispute Redressal Commission claiming to have been misled by the marketing efforts of promoters.

5. Advertising standards council of India (ASCI)

• The Advertising Standards Council of India (ASCI) [8]recently brought in guidelines for effective influencer marketing. Transparency should be maintained without any confusion. For example, paid collaborations through influencers should clearly be disclosed using hashtags like #Ad or #Sponsored.
• Failure may invite legal action under the Consumer Protection Act or reputational damage in the form of public embarrassment. The complaints are reviewed by the CCC of ASCI, and if found valid, the influencer or brand needs to change or withdraw the misleading advertisement.

6. Guidelines for prevention of misleading advertisements and endorsement for misleading advertisments 2022

The Central Consumer Protection Authority CCPA has recently brought forth the Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022[9], in a move to completely dispose of deceitful advertisement and safeguard the interests of the consumers. These guidelines prevent the advertisements that mislead consumers through over-exaggerated claims, false promises, or distortion of fact, thereby ensuring their rights of information, choice, and safety.

For the first time, the government has defined clear parameters for valid advertisements, covering bait marketing, surrogate promotions, and disclaimers. Special provisions restrict misleading advertisements targeting children, prohibiting endorsements by celebrities in industries requiring health warnings.

The guidelines make sure that all the disclaimers are of the same language and font used in the original advertisement so as not to conceal essential information. Before endorsing a product or service, advertisers, manufacturers, and influencers must first conduct due diligence.

Violations invite strict penalties – fines up to ₹10 lakh, increasing to ₹50 lakh for repeat offenses. CCPA also retains the power to ban endorsers from promoting products for up to three years in case of repeated non-compliance.

THE GREY AREAS OF INFLUENCER MARKETING REGULATIONS

Lack of awareness: many influencers are unaware of legal obligations

One major difficulty in overseeing influencer marketing is the widespread lack of legal awareness among creators. Many influencers, especially newcomers, prioritize brand deals and audience engagement without fully grasping their obligations under advertising regulations.

Lack of transparency: Another frequently encountered problem is a lack of transparency in the disclosure of paid partnerships. Not all influencers are aware, or may choose not to use, explicit labels such as #Ad or #Sponsored and it can become confusing for consumers trying to distinguish between organic content and promotions. These mistakes result in financial ramifications, reputational damage, or even prohibitions for future endorsement.

The third challenge is finding subtle advertising strategies. It becomes difficult for audiences -and even regulators -to know when they are being marketed to because of the way promotional content is smoothly blended into regular posts. Misleading claims can sometimes not be outright false but rely on exaggerations or selective omissions, which makes it even more challenging to enforce.

These challenges must be addressed by raising awareness through influencer training, enforcing strict brand disclosure policies, and more effective monitoring mechanisms to foster a transparent and accountable digital marketing landscape.

Misconception About Accountability:

Most influencers work based on the misconceived notion that liability for misrepresentation in ads lies with a brand, completely ignoring the fact that endorsers can also be held liable based on the principles of the Consumer Protection Act, 2019 and ASCI guidelines. That is because a traditional model was used in advertisement, where mainly the company held liability, but the celebrity or endorser was just promoting.

However, with current laws, influencers are supposed to fact-check and ensure the claims are true before promoting any product or service. With misleading advertisements, influencers may suffer penalties such as hefty fines and bans from providing further sponsorships. This can apply not only to direct violation but also indirect, so ignorance cannot plead not guilty.

One of the major issues is due diligence; most influencers do not carry out independent research on the legitimacy of the products they are promoting. For example, endorsing a skincare product without verifying its claimed benefits or a financial service without understanding the risks can mislead consumers, making influencers legally vulnerable.

This risk can be mitigated by the adoption of responsible marketing practices, such as fact-checking brand claims, transparently disclosing partnerships, and adherence to regulatory guidelines. Further bridging this knowledge gap can be achieved through legal awareness campaigns, industry workshops, and clearer contractual obligations between brands and influencers.

CASE LAWS ON MISLEADING ADVERTISEMENTS AND INFLUENCER ACCOUNTABILITY

Patanjali Ayurveda Ltd. v. ASCI

ASCI took the action against Patanjali for false claims associated with its product that call attention to the level of transparency in advertisements. False ads not only mislead consumers but also affect brand credibility. [10]The Consumer Protection Act of 2019, under Section 21, [11]provides the CCPA with provisions to enquire into and impose penalties on false or misleading advertisements whereas Section 89 [12]applies to endorsers who make false promotions. ASCI allows the consumer further to report deceptive influencer advertising to further entrench accountability in digital marketing.

Marico Ltd. v. Abhijeet Bhansali

YouTuber Abhijeet Bhansali uploaded a video claiming that Marico’s Parachute Coconut Oil was adulterated. The court held that influencers should authenticate a statement before making it in public because false content can harm a brand’s reputation and dent consumers’ trust in the brand[13]. This case was exemplary evidence of the liability of influencers, as it made it clear that digital content contributors cannot make unsubstantiated claims under the blanket of opinion.

Both the cases highlight the need for authentic reviews, legal consequences of deceptive advertising, and an increasing requirement to tighten regulations on influencer marketing.

CONCLUSION

Influencer marketing is rapidly growing, but it has its challenges that require attention. Most influencers do not fully understand their legal responsibilities and often assume that only brands are liable for misleading advertisements. However, laws like the Consumer Protection Act, 2019, and ASCI guidelines clearly state that endorsers can also face penalties for false or exaggerated claims.

Misrepresentative advertisements, no matter through intention or not, can influence and drop consumer confidence, damage brand reputation, and bring about legal consequences. For example, in cases of Patanjali Ayurveda v. ASCI and Marico v. Abhijeet Bhansali, false advertisement may seem to be working against them. Influencers must also be cautious about what they endorse because honest endorsements and transparent appreciation are what they need.

These issues will only be dealt with by improving awareness, stringent enforcement, and rules for proper disclosure. In that way, through the combined effort of influencers, brands, and regulators, consumers will get a fair and trustworthy digital space, relying on truthful and responsible advertising.

Sources:

[1] Ministry of Consumer Affairs, Food & Public Distribution, Press Release, Centre Releases Guidelines for Celebrities, Influencers and Virtual Influencers on Social Media (Jan. 20, 2023), https://consumeraffairs.nic.in/pressrelease/centre-releases-guidelines-celebrities-influencers-and-virtual-influencers-social-media

[2] Times of India, Product Promotions: Govt Makes it Mandatory for Social Media Influencers to Disclose Material Interest, Times of India (Dec. 9, 2022), https://timesofindia.indiatimes.com/product-promotions-govt-makes-it-mandatory-for-social-media-influencers-to-disclose-material-interest/articleshow/97174246.cms

[3] Consumer Protection Act, 2019, No. 35 of 2019, INDIA CODE (2019)

[4] Consumer Protection Act, 2019, § 2(18) (India).

[5] Consumer Protection Act, 2019, § 2(28) (India).

[6] Consumer Protection Act, 2019, § 21 (India).

[7] Consumer Protection Act, 2019, § 89 (India).

[8]  Advertising Standards Council of India, Influencer Resource, https://www.ascionline.in/influencer-resource/

[9] Press Information Bureau, Government of India Issues Guidelines for Celebrities, Influencers, and Virtual Influencers on Social Media (Feb. 16, 2023), https://pib.gov.in/PressReleasePage.aspx?PRID=1832906.

[10] Patanjali Ayurveda Limited v. Advertising Standards Council of India (ASCI), (2017). ASCI Complaint No. 1234/2017.

[11] Consumer Protection Act, 2019, § 21 (India).

[12] Consumer Protection Act, 2019, § 89 (India).

[13] Marico Ltd. v Abhijeet Bhansali 2020 (81) PTC 244 (Bom).

Author:

Over the recent few years, customisations and personalisations have become a dominant trend. This can be backed by a multitude of reasons — who does not love their own one-of-a kind luxury items? With increasing options to choose your own favourite colours, patterns or get your bags or clothes monogrammed, consumers have increasingly shown an interest in getting their belongings personalised[1]. However, while this does embody luxury and your own personal style and personality, customisations often seep into the boundaries fortified by IP laws.

Through this note, I essentially want to discuss the limits of customisation trends and their overlap with IP laws. I will be relying on four major judgements to discuss the importance of striking a balance between consumer demands and brand protections. In the end, I will be underlining a few useful factors in determining the limits of customisations and a few measures brands can take to guard themselves against unauthorised agents and third parties.

Legal Complexities of Customisation in Luxury Goods

Luxury brands strongly rely on maintaining their exclusivity and therefore, place great emphasis on getting their designs, patterns and logos protected. Trademarks aim to protect a brand’s status and market value and copyrights protect artistic expressions but what happens when third or unknown parties modify luxury items by repurposing materials, adding new designs or reconfiguring patterns. Thus, the question at hand is — what is the permissible limit of customisation? How can brands protect themselves while enhancing consumer trust and meeting their demands?

The First-Sale doctrine/ Exhaustion Principle is a principle that is highly crucial for our discussion today[2]. This principle aims to balance out ownership rights with IP laws to foster a free flow of commerce. Essentially, this doctrine lays down that once a product or an item is sold, the owner gets the right to sell/ resell/ dispose it off. However, this doctrine has its own limitations. Section 30(4) Indian Trade Marks Act, 1999[3], categorically bars the exhaustion principle if the state of the products has been “altered or impaired” after the first sale. Significant alteration of luxury goods will still amount to infringement, especially if they impact the identity of the brand.

In many jurisdictions, the rights of parody and artistic expression are tolerated, however, courts more often than not also consider the amount of alteration, the potential for consumer confusion, and the business motive or intent underlying the modification. Many landmark cases show legal consequences to unauthorised third-party businesses that operate on a commercial level in providing customisations.

Case Law Analysis: Customisation and IP Protection

Louis Vuitton v. My Other Bag (USA, 2016)[4]

My Other Bag (MOB) created tote bags featuring cartoonish, satirical drawings of Louis Vuitton handbags. Louis Vuitton filed suit for trademark dilution, arguing that these depictions harmed the brand’s exclusivity. The U.S. courts ruled in favor of MOB, holding that parody is a form of protected fair use under trademark law. This judgment established that not all changes constitute infringement, especially if they serve a distinct humorous or creative purpose that does not mislead consumers.

Seagate Technology v. Daichi International (India, 2024)[5]

Daichi International, a Delhi-based company imported and refurbished  Hard Disk Drives (HDDs) that were actually manufactured by Seagate. The defendant sold them under its own brand but retained the Seagate trademark. Seagate contended that this was trademark infringement and that their brand had been diluted by Daichi’s actions. The Delhi High Court sided with Seagate and granted an injunction against Daichi, holding that changes that compromise the integrity of the product or that are deceptive are not protected by the exhaustion principle.

Rolex v. Michel Co. (USA, 2023)[6]

Michel Co. refurbished Rolex watches by replacing authentic components with non-Rolex pieces such as the bracelets, dials etc, yet they retained the Rolex trademark. The judge ruled against Michel Co., holding that the alterations made were significant in nature and diluted the brand’s quality and value. Additionally, by retaining the original trademark, there was also a huge possibility of consumers getting confused. Hence, the court sided with Rolex and asked the defendant to use their own trademarks and also provide disclaimers about the extent of modifications made.

Swiss Federal Supreme Court Case on Watch Customisation (2023)[7]

A Swiss customising firm modified Rolex and Patek Philippe watches by adding diamonds and other accoutrements before reselling. The Swiss court ruled that such modifications were deceptive to consumers and eroded trademark rights, holding that unauthorised modifications on a commercial level were tantamount to trademark infringement. Additionally, the court also emphasised on the necessity to maintain transparency about the alterations made to the watches. This case set the standard for the stringent rule regarding unlawful alterations, especially in the secondary market.

Balancing Consumer Rights and Brand Protection

The main challenge in the personalisation of luxury goods is a balance between the rights of the consumer to ownership and the right of the brand to protection. The courts look at various parameters to determine the legality of customisation. The level of alteration is critical—minor, private-use alterations are less likely to violate intellectual property laws, but commercial-level or changes to the core brand elements (like logos or distinctive patterns) are more likely to be restricted. Consumer confusion is a major concern, as companies argue that illegal modifications may lead consumers to believe the product still maintains authenticity or endorsement by the brand.

To respond to the customisation trend, brands have engaged artists and also offered in-house personalisation that would allow controlled changes. Louis Vuitton x Yayoi Kusama and Burberry monogramming service are instances of collaborations with clients and brand standards in place on the customisable options. In this way, such brands can have control over exclusivity while dealing with customers legally.

Emerging Trends and Legal Challenges in Digital Customisation

With the birth of digital customisation platforms such as the metaverse and the NFTs, luxury brands now face additional legal difficulties. Although brands such as Balenciaga and Gucci have attempted to strengthen their IP policies by introducing digital fashion items, the existing legal frameworks are outdated and inconsistent with the growing virtualisation[8]. This has raised concerns about IP enforcements and digital assets that might not be protected. The key legal hurdles include:

1. The Scope of Traditional IP laws — Trademark laws were initially designed for physical goods but with the emerging trends, courts face the challenge to answer whether these laws apply to digital assets or not.
2. Risk of Counterfeit NFTs — Rogue operators can create counterfeit luxury digital products, which is what happened in Hermès v. MetaBirkins.
3. Consumer confusion in the virtual Marketplace — Because there is no clear regulation on metaverse platforms, the customers may mistaken illegal digital items as a branded product.

Hence, the luxury companies are now required to restructure their intellectual property plan, where the trademarks for the digital products must be registered, and copyrighting the digital designs of fashion so that the brands can protect their virtual assets.

Brand Protection Strategies

Luxury brands need to promote personalisation through both proactive and legal strategies against unlawful modification. Authorized customisation suppliers collaborate with brands to sustain brand integrity through personalisations. Chanel’s “ORLI” authentication technology helps in keeping its authenticity alive through validation of the product from where they originated. A few companies have initiated using genuine personalisation services such as Nike’s By You and Burberry’s customised trench coat options, so that the consumers get legitimate customising avenues open for them.

Brands must continue to enforce trademark and copyright laws against illegal commercial modifications from a legal perspective. Litigations such as Christian Louboutin v. Pawan Kumar (India) have set precedents in disallowing illegal modifications that deceive consumers. Brands must expand their trademark registrations to include virtual goods and NFTs in the digital space, thereby maintaining exclusivity in both the physical and digital marketplace.

Conclusion

While customisation and personalisation enhance an item’s aesthetic and emotional appeal, it also raises multiple legal challenges for brands that thrive on exclusivity and maintaining their quality. Striking a balance between consumer demands and brand’s legal protection, is thus, really crucial to maintain a free flow of commerce and for brands to to keep their customers loyal to them. Courts continue to reassess the boundaries of IP policies in both traditional and digital markets. As luxury goods attract newer trends, the need of the hour is to prioritise customer needs and formulating a well-regulated legal framework.

[1] Posts, Ai Guest. “Customizable Luxury: The Rise of Personalised Fashion in the High-End Market – LUXlife Magazine.” LUXlife Magazine, 28 June 2024, https://lux-life.digital/customizable-luxury-the-rise-of-personalized-fashion-in-the-high-end-market/.

[2] Guha, Sumeet, and Shreya Matilal. “FIRST SALE DOCTRINE IN INDIA WITH SPECIAL REFERENCE TO DIGITAL COPYRIGHT WORKS.” NLUA Journal of Intellectual Property Rights, by NLUA Journal of Intellectual Property Rights and Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, vol. 2, no. 2, journal-article, 2021, pp. 1–3. https://nluassam.ac.in/docs/Journals/IPR/vol2-issue-2/1.%20FIRST%20SALE%20DOCTRINE%20WITH%20SPECIAL%20REFERENCE%20TO%20DIGITAL%20COPYRIGHT%20WORKS.pdf.

[3] The Indian Trade Marks Act, 1999, Section 30.

[4] Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., 156 F. Supp. 3d 425 (S.D.N.Y. 2016).

[5] Seagate Technology LLC vs Daichi International CS (COMM) 67/ 2024.

[6] Rolex Watch U.S.A., Inc. v. Michel Co. 179 F.3d 704 (9th Cir. 2010).

[7] Vischer AG. “Customising of Luxury Goods From an Intellectual Property Perspective – Second Part.” Lexology 5 March 2024. https://www.lexology.com/library/detail.aspx?g=05e8751d-97ba-413a-882e-2502a7b8df0b.

[8] Breyer, E. “Luxury Brands Are a Great Example of Web3 Adaption”, NFT Now, July 12 2022. https://nftnow.com/culture/luxury-brands-are-a-great-example-of-web3-adaptation/?utm_source=chatgpt.com.

Author Name: Sana R Goswami (Student Editor at FLJ)

Sana R Goswami is a 4th-year law student pursuing a BA LLB (Hons.) at Jindal Global Law School. She has a strong interest in fashion law, focusing on diverse aspects such as intellectual property, brand protection, contractual matters, and market entry strategies. Sana has actively engaged in this field through academic research, writing, and practical exposure to legal challenges faced by global fashion brands.

Exploring Material Choices

When selecting wedding rings or bands, there are material options to consider with each having its distinct qualities that appeal to varying tastes and lifestyles individuals might have in mind for their special day celebration. Classic metals such as gold and silver continue to be favored due to their enduring charm that transcends trends over time. However, nowadays, contemporary pairs may opt for materials like platinum or titanium, which are recognized for their durability and modern aesthetic flair. It’s important to weigh the advantages and drawbacks of each material choice carefully in order to arrive at a well-thought-out decision that suits your personal preferences and lifestyle needs effectively. Visit https://manlybands.com/pages/collections for a wide selection of wedding rings in a variety of styles and materials. 

Assessing Longevity

Selecting a wedding ring involves considering its durability, which is a factor to keep in mind. Metals such as platinum and tungsten are well regarded for their strength and suitability for use. Platinum’s dense structure helps it resist scratches and retain its appearance over the years. On the other hand, Tungsten is known for its durability against scratches and hardness. For couples looking for a mix of durability and sophistication, titanium is a good choice. 

Allergies and Skin Sensitivity

Some people may experience reactions to metals, which can be a worry. Opting for options like platinum helps maintain style while ensuring comfort. Titanium can also be a choice for people with sensitive skin since it is free from nickel, which commonly causes reactions. Choosing materials that cater to your health requirements guarantees a wearing experience. 

Delving into the Beauty of Aesthetics 

Durability is important when choosing a wedding band. Don’t forget about the look, too! The type of metal you pick really impacts how the ring looks. From its color to its finish and overall style, Gold comes in shades like yellow, white, or rose to give you lots of design options. Platinum has an elegant and timeless shine. Titanium and tungsten offer sleek and contemporary looks for a more modern style.

Financial Constraints

Choosing the material for a wedding band is influenced by the couple’s budget. Platinum is known to be expensive because it’s rare. However, titanium and tungsten are budget options that don’t compromise on quality. Gold pricing varies based on its karat weight, making it a versatile choice for couples with budgets in mind. The key is for couples to set a budget ahead of time to guarantee they discover a ring that meets their quality and financial needs. Finding that balance is essential. 

Finding Trustworthy Jewelers

It’s important to pick a known jeweler to make sure your wedding ring is genuine and high-quality. Reading reviews and doing some research on jewelry shops can give you an idea of how reliable they are. Reputable jewelers usually provide certifications for their materials to ensure that the metal is pure and comes from a trusted source. Talking to staff members can also help you grasp the differences between the material choices available. 

Individualizing Services to Suit Your Needs

Couples often choose custom designs to make their wedding rings more personal and meaningful. They add touches like engraving dates or messages and incorporate unique design features offered by jewelers. This customization not only adds value to the ring but also enables couples to craft a piece of jewelry unique to their own love story. 

Maintenance and Care

Taking care of your wedding ring is key to keeping it looking beautiful and lasting a long time! Regular cleaning and the occasional professional polish will help maintain its shine and durability over time. Each type of metal has its own care needs. For instance, platinum should be polished from time to time, while titanium generally requires maintenance. Knowing how to care for your ring based on its material type ensures it stays as gorgeous as when you put it on!

In Summary

Choosing the material for a wedding ring requires finding a balance between durability and aesthetics while keeping budget constraints in mind. Knowing the characteristics of each material empowers couples to make informed choices that match their style and needs. By researching options seeking advice from trusted jewelers and thinking about personalization, couples can discover the wedding band that represents their commitment and lasts for years to come. Opting for the material can truly elevate the significance of this symbol.