On one side: the Trump administration, which has officially imposed a 145% tariff on Chinese imports^[1]. On the other: Beijing, which just retaliated with a 125% tariff on U.S. goods^[2]. But the shockwave that truly hit fashion brands? The elimination of the de minimis rule, a foundational element in the e-commerce model of ultra-fast fashion retailers like Shein and Temu.

Let’s break down what this means—legally and strategically—for the fashion world.

De Minimis No More: Cross-Border E-Commerce Gets a Legal Shake-Up

Since May 2, the U.S. no longer allows duty-free entry of foreign goods under $800. Instead, a $25 minimum tariff per item now applies, and this will increase to $50 per item in June^[3]. These numbers matter: platforms like Shein relied on the de minimis exemption to ship thousands of low-cost packages directly from Chinese warehouses to U.S. customers—skipping tariffs entirely.

Now, not only will these items be taxed, but companies must also restructure their import processes, declare full item values, and comply with U.S. customs law—creating a flood of new compliance obligations. Failing to adapt quickly opens the door to customs disputes, regulatory fines, and loss of market share.

Intellectual Property Exposure in the New Supply Chain Rush

Facing higher duties and uncertainty in China, many brands are accelerating shifts to Vietnam, India, and Bangladesh. But these fast moves come with legal blind spots. Trademarks and designs must be re-registered in new jurisdictions, IP enforcement levels vary wildly, and local partners may not meet global standards for confidentiality and exclusivity.

The fast fashion sector, already criticized for IP infringement risks, is particularly vulnerable in this transition. Legal teams need to lead—not follow—by mapping out territorial IP protection strategies and preemptively securing rights in emerging manufacturing hubs.

Shein’s IPO: A Case Study in Regulatory Strategy

Shein—a central player in this trade saga—has received approval from the UK Financial Conduct Authority to launch its £50 billion IPO in London. But it still awaits clearance from Chinese regulators. And now, under investor pressure, it may slash its valuation to around $30 billion^[4].

This isn’t just corporate news—it’s a fashion law case study. From data governance to supply chain transparency, the legal due diligence for this IPO reflects the shifting expectations placed on fashion giants operating across borders. ESG concerns, tariff exposure, and cross-jurisdictional compliance are now IPO-level issues.

Tariffs Reach the Aisle: Industry-Specific Impacts

The effects of these tariffs are already being felt in real time. One unexpected sector hit hard? The bridal industry. According to U.S. retailers, the price of imported wedding gowns—many of which are manufactured in China—could double^[5]. Boutique owners face tough decisions: absorb the cost, raise prices, or exit certain brands. Contract renegotiations and exclusivity clauses may need to be revisited.

This underscores the broader legal point: tariff volatility has direct implications for product pricing, contract enforcement, and consumer protection law.

Conclusion: Trade Law Is Now Fashion Law

This isn’t just a political feud—it’s a legal restructuring of how fashion operates globally. For lawyers, the challenge is not only understanding these shifts but anticipating their domino effect across sourcing, branding, compliance, and consumer protection.

As the fashion industry weathers this new economic climate, legal foresight isn’t optional—it’s a competitive advantage. Whether guiding IPOs, safeguarding IP, or reviewing import contracts, the role of legal counsel has never been more central—or more urgent.

Fashion law is no longer niche. It’s the framework holding the industry together.

References:

^[1] New York Post, “Trump tariffs on China will actually be 145%, White House clarifies,” April 10, 2025.

https://nypost.com/2025/04/10/us-news/trump-tariffs-on-china-will-actually-be-145

^[2] Reuters, “China raises tariffs on U.S. goods to 125% in retaliation,” April 11, 2025.

https://www.reuters.com/world/china/china-increase-tariffs-us-goods-125-up-84-finance-ministry-says-2025-04-11

^[3] The Guardian, “Trump targets Shein and Temu in crackdown on cheap Chinese imports,” April 13, 2025.

https://www.theguardian.com/us-news/2025/apr/13/trump-tariffs-fast-fashion-prices

^[4] Shares Magazine UK, “Shein gains UK IPO green light, awaits China nod,” April 11, 2025.

https://www.sharesmagazine.co.uk/news/shares/uk-financial-regulator-gives-fast-fashion-retailer-shein-ipo-green-light

^[5] Business Insider, “Wedding dress prices could double due to Trump’s new tariffs,” April 13, 2025.

https://www.businessinsider.com/tariffs-trump-china-wedding-dresses-2025-4

By Kélicia Massala, LL.M., Editorial Board Member, Fashion Law Journal

Why sexy lingerie is more than just an outfit

Carefully selected sexy underwear from renowned brands like Mariemur offers more than just a visual appeal. It turns into a symbol of self-expression and empowerment.

Such a choice can change your mood and raise self-esteem, filling each day with special meaning. Moreover, high-quality materials and thoughtful design provide comfort in any situation.

Intriguing details about sexy lingerie that will surprise you

There are some interesting facts about underwear that you may not even know. These nuances emphasize its importance and diversity:

1. Historical roots. Lingerie has a long history dating back to ancient times. For example, the ancient Greeks wore a garment called the strophium, which was a type of breast band, while Roman women used the subligaculum, a type of undergarment similar to a loincloth. These early forms of underwear reflect cultural attitudes towards femininity.
2. Psychological aspect. Research shows that sexy lingerie affects a woman’s self-perception. Even when worn under regular clothing, it can boost confidence and body positivity, leading to a more empowered mindset.
3. Different materials. Soft mesh material can make the image more romantic and airy, whereas latex creates an effect of glamor and boldness.
4. Colors that evoke emotions. The choice of color can greatly influence how a situation is perceived. Thus, black underwear is usually associated with elegance, red – with temptation.
5. Fashion experiments. In recent years, there has been an increasing trend towards unusual shapes and designs. Lingerie featuring asymmetrical cutouts or original details attracts attention and allows for personal expression.
6. Unpredictable versatility. Erotic lingerie can be seamlessly integrated into everyday outfits, serving as a statement piece or a hidden layer that enhances confidence.
7. Impact on relationships. Wearing attractive lingerie can add a spark to your relationship. By feeling sexy, a woman transmits this confidence to her partner, which in turn strengthens the emotional connection.

Thus, seductive lingerie serves not just as clothing, but also as a means of self-expression that can transform your emotional state and influence connections with others. A wide range of styles, colors, and materials allows each woman to find her own unique image. So it’s worth paying attention to this aspect of your wardrobe and consider investing in quality lingerie that resonates with your personal style and enhances overall well-being. After all, every woman deserves to be confident and attractive!

But in an era where nostalgia is not merely remembered but repackaged, where heritage is not just revered but relentlessly replicated, the ‘Maharani Aesthetic’ has become both muse and commodity. Once a symbol of effortless aristocracy, it now flutters through the ateliers of luxury houses and the production lines of fast fashion alike- some in homage, others in quiet transgression. The pastels, the pearl strung elegance, the gossamer-light chiffons once woven into royal legacy are now stitched in commerce, duplicated without provenance, borrowed without attribution. The question that lingers, much like the scent of marigolds in the “Jeypore” air, is this: Can an aesthetic so deeply enshrined in history be safeguarded from dilution? Can the intangible essence of royalty be legally preserved, or does inspiration, once set free, belong to all who dare to claim it?”

The whisper of chiffon, the structured yet effortless drape of a sari, the interplay of pearls against the pastel silks- Maharani Gayatri Devi’s signature style was never a mere ensemble; it was a language of understated affluence. Yet today, that language is being spoken without provenance. From the artisan-laden ateliers of Sabyasachi to the mass market machinery of Zara, the allure of ‘royal fashion’ is no longer privy to those born into palaces. It is a global commodity, but one that begs legal reckoning: when does cultural homage become fashion plagiarism?

The Legal Stitch

Unlike a logo (protected under trademark law) or a specific garment design (safeguarded by The Designs Act, 2000 in India), an aesthetic is far more elusive. The Maharani Aesthetic is not a singular creation but a collection of stylistic signatures—the airy pastels, the translucent chiffons, the restrained grandeur of uncut diamonds. Fashion law does not easily shield such intangibles from replication.

Yet, luxury houses have long battled over proprietary aesthetics. Chanel has fought legal wars over its quilting patterns, Burberry has waged trademark disputes over its signature check, and Louboutin has defended the very colour of its soles in courtrooms across the world. Could a similar argument be made for the visual lexicon of Indian royalty? Could the heritage of a queen be grounds for legal exclusivity?

Heritage in Fast Fashion: A Lost Legacy?

In the glaring fluorescence of fast fashion showrooms, heritage is stripped of its depth and repackaged in synthetic blends and machine-cut embroidery. A once-luxurious silhouette finds itself flattened into polyester, its grandeur reduced to a SKU number. Brands like Zara, ASOS, and even high-street Indian labels have churned out Maharani-inspired designs—chiffon saris in mass production, pearl-encrusted tunics mimicking royal couture, and brocade blouses with none of the finesse of hand-woven craftsmanship.

The law, however, remains selective in its defence. While fast fashion houses have been taken to court for replicating specific patterns or embroidery styles, they remain largely untouchable when borrowing from themes rather than concrete designs. Hermès may have trademarked its Birkin, but can royalty ever trademark an aesthetic?

The Counterfeit Conundrum

Beyond the realm of fast fashion lies its shadowy twin: the counterfeit industry. In the bustling markets of Chandni Chowk, Bangkok’s Patpong Night Market, and the famed counterfeit districts of Guangzhou, the Maharani Look is no longer an aspiration—it is a cheaply manufactured reality.

Here, hand-woven chiffons are replaced with nylon blends, and ‘Jaipur Royal Collection’ tags appear on garments that have never seen the walls of a palace. The counterfeit trade, which contributes to nearly USD 500 billion in global losses annually, thrives on the absence of enforceable fashion copyrights. While Indian law offers protection under The Copyright Act, 1957 for original textile designs and embroidery, the vast expanse of ‘heritage fashion’ remains an unguarded frontier.

The implications are profound: not only does counterfeiting erode the value of luxury craftsmanship, but it also threatens the very artisans whose skill once defined these royal wardrobes. In this legal vacuum, a question lingers—can a fashion aesthetic born from nobility be safeguarded against dilution, or is its fate to be forever replicated, never protected?

The Gilded Dilemma

Heritage is an asset. In fashion, it is intellectual property with an identity, a provenance, a prestige. Yet, when aesthetics born from aristocracy are diluted into mass-market renditions, the law stands at an impasse.

For decades, the legal framework has granted fashion limited safeguards—trademarks for logos, patents for innovations, copyrights for surface designs. The intangible, however, remains unguarded. The Maharani Aesthetic—pastel chiffons, uncut diamonds, structured drapes—exists in a space between cultural homage and commercial replication. What belongs to history often becomes public domain, yet the business of fashion thrives on exclusivity. The question is no longer whether an aesthetic can be replicated; it is whether it can be legally fortified.

Legality and Legacy

Luxury houses have long crystallized their identity through trademarks, converting visual signatures into proprietary assets. In the West, the Chanel quilting, the Burberry check, the Hermes Birkin silhouette are all trademark-protected. In India, handloom weaves, embroidery techniques, and even temple jewelry designs have sought similar status.

A precedent exists: the Banarasi sari, the Chanderi weave, the Pochampally Ikat—each protected under geographical indication (GI) status. Theoretically, the ‘Maharani Look’ could be distilled into a legally recognized heritage trademark, a seal of authenticity for designs that trace their lineage to Jaipur’s royal ateliers. A legal identity that separates inspiration from appropriation, homage from hijack. 

Geographical Indications: The Safeguard of Provenance

The Geographical Indications of Goods (Registration and Protection) Act, 1999 has preserved India’s artisanal economy, offering legal exclusivity to craft-based communities. A garment labeled as Chikankari must originate from Lucknow; a Kanjeevaram silk must be woven in Tamil Nadu. If traditional craftsmanship is protected, could the aesthetics of royal wardrobes follow suit?

There is precedent. France protects its champagne, Italy its Parmigiano Reggiano. If provenance is law, then Jaipur’s couture heritage—its intricate gota patti, its diaphanous chiffon drapes, its jadau settings—could fall under similar protection. An elevated safeguard for designs that have long been a part of history, but not of imitation.

Art or Imitation

The counterfeit market has become a billion-dollar empire, replicating not just brands but legacies. In the lanes of imitation, the Maharani Look has been reduced to its synthetic knockoffs—machine-stitched chiffons, mass-produced faux pearls, brocade stripped of its craftsmanship.

Under The Copyright Act, 1957, original textile designs are protected for ten years, extendable to fifteen. Yet, the fine print is limiting. Designs that enter mass production lose copyright protection, leaving high fashion vulnerable. While the Designs Act, 2000 safeguards surface patterns and embroidery techniques, it is inadequate for the vastness of a cultural aesthetic.

Luxury houses have responded with aggressive legal enforcement. In 2022, Chanel won a counterfeit lawsuit against a network selling imitation handbags. In India, Sabyasachi and Manish Malhotra have cracked down on unauthorized replicas of their bridal couture. Yet, the law remains reactive, not preventive. A Maharani Code of Authenticity—a legally recognized certification for heritage fashion—could change the landscape, offering both prestige and protection.

Woven in Law, Draped in Legacy

The bridge between legacy and legality is yet to be built. The fashion industry has historically drawn from the past, but in an era where aesthetics become intellectual property, a framework for protection must evolve. The future of heritage fashion law will be written not just in archives but in courtrooms, defining where cultural history ends and commercial ownership begins.

But laws, like couture, can only tailor so much. The fine print of the Copyright Act and the Designs Act may seek to delineate ownership, yet they cannot entirely safeguard an aesthetic—an aura—that was never meant to be confined to legal clauses. Maharani Gayatri Devi’s legacy, much like the delicate chiffons she championed, is weightless yet enduring, slipping through the rigidity of statutes into the realm of cultural permanence. And so, the question extends beyond legal protection to something far more nuanced: Can elegance itself be copyrighted?

The Maharani, the Muse and the Mirage

Jaipur, with its rose-tinted palaces and gilded archways, remains a city where history is not merely preserved but perfumed into the air—stitched into the folds of time like the pleats of a perfectly draped chiffon sari. And Maharani Gayatri Devi, much like the city she called home, exists beyond the constraints of time, endlessly revisited and reimagined. Her legacy is not just a relic of the past but a blueprint for elegance that designers continue to borrow and brands endlessly resurrect. In many ways, she was Jaipur’s answer to Princess Diana—both women bound by royalty but unconfined by it, both style icons whose effortless grace became a language of its own, and both eternal muses, not just for fashion but for a way of being.

Yet, as fashion houses weave nostalgia into commercial allure, the question lingers—where does homage end and exploitation begin? If fast fashion can dilute the essence of a style once synonymous with exclusivity, then the law must stand as its final custodian, ensuring that history is not merely replicated but rightfully revered. For true elegance is not just what is worn but what is preserved. And in the grand tapestry of luxury, Maharani Gayatri Devi remains more than a silhouette; she is the gold thread that refuses to fade.

References:

1. Vogue India, How Maharani Gayatri Devi of Jaipur Ushered in the Classic Chiffon Sari Trend, VOGUE INDIA, https://www.vogue.in/content/how-maharani-gayatri-devi-of-jaipur-ushered-in-the-classic-chiffon-sari-trend.
2. Elle Canada, Chanel’s Quilted Secrets, ELLE CANADA, https://www.ellecanada.com/fashion/chanel-s-quilted-secrets.
3. Christian Louboutin, Red Sole, CHRISTIAN LOUBOUTIN, https://us.christianlouboutin.com/us_en/red-sole.
4. Burberry, The Burberry Check, BURBERRY, https://in.burberry.com/the-burberry-check/.
5. Columbia Journal of Law & the Arts, Protecting Fashion and Cultural Expressions, COLUM. J.L. & ARTS, https://journals.library.columbia.edu/index.php/lawandarts/announcement/view/621.
6.  Hindustan Times, It’s a Rip-Off, HINDUSTAN TIMES, https://www.hindustantimes.com/chandigarh/it-s-a-rip-off/story-cfSQmA337gUK36jQBsblBI.html.
7. World Trademark Review, Protecting Fashion and Cultural Expressions, WORLD TRADEMARK REV., https://www.worldtrademarkreview.com/article/protecting-fashion-and-cultural-expressions.

Author: Aastha Kastiya

Utilizing law firm management services means being able to tackle those challenges head-on. Discover how to streamline business operations, make them more efficient, and help bolster the bottom line. These are the ways in which a law firm management service can prove beneficial.

Strategy & Innovation

The most successful law firms are always planning ahead. The drive to acquire clients, provide innovative solutions, and create an effective strategy to make all aspects of the business efficient are part of the daily challenge. With the help of law firm management services, all of these become easily manageable.

Client acquisition, pricing, retention, cross-selling, competitive strategies, client service solutions, and more can all be provided. Effective and innovative engagement strategies, pricing models, and technology-driven solutions are meant to modernize your business and give it the tools needed to create an effective service.

IT & Cybersecurity Services

Law firms are making cybersecurity a priority. Greater security measures are needed to safeguard sensitive operational and client data. The industry, at large, is seeing major investment in cyber security frameworks and protocols. That includes things like advanced threat detection that prevents problems before they arise in the first place.

Law firm management services can provide infrastructures, modern platforms, and the kind of data protection capabilities that will not only mitigate risks but maintain compliance in a world with ever-evolving regulations. With the right tools and the unique experience of industry professionals, law firms can move forward with changing times and ensure that sensitive data remains safeguarded around the clock.

Organization & Human Capital

The success of a law firm depends not only on the product, but the culture, the people, and the firm’s ability to adapt to the evolving demands of the market. Through law firm management, clients will find help when it comes to attracting top talent, fostering a positive culture of innovation and growth, and creating top-to-bottom optimization.

Each strategy is tailored to individual company goals, human capital initiatives, and the drive for sustainability long-term. Benefit and wellness packages, talent acquisition strategies, and an overall organizational strategy can be developed to better the business from top to bottom for both the short and long term.

Litigation Services

Of all the challenges facing a law firm, litigation can present the most complex obstacles. Navigating these challenges requires specialized expertise so that high-stakes cases can be managed with greater efficiency. Litigation can be a critical part of running a law firm and inefficiencies can provide a major drag on those services.

Trial and case strategy, financial and securities litigation, forensic accounting and investigations, valuation services, eDiscovery and data analytics, and a plethora of other services are all at your disposal. Identifying the unique needs of your business is just a starting point. Making the most of law management services can help provide solutions to any challenge.

Hiring the right team means gaining valuable assistance in several areas. Claim viability can be evaluated, case preparation streamlined, litigation readiness enhanced, and more. The goal of any firm is to deliver superior representation for the client. That can be easier said than done, but law firm management services can make things easier in all aspects of life.

In particular, with respect to fashion, the Ecodesign Regulation, within the framework of the Sustainable Product Initiative, establishes new rules regarding textiles and clothing. Among the most important provisions, it is noteworthy to mention those concerning the DPP (Digital Product Passport).

The DPP is a new mandatory tool designed to enhance transparency across product value chains by providing information about the product’s origin, materials, environmental impact, and disposal recommendations. It seeks to meet consumer demand for transparency and address the lack of reliable product data from companies.

The DPP is more than a simple label; it is a unique product identifier that contains all the most important information linked to a product—not only about materials but also user manuals, safety instructions, product disposal, and, of course, details about the product’s lifecycle.

Such information can be obtained via a QR code scan or RFID chip. As previously mentioned, this entails: increased transparency for consumers and stakeholders, offering clear and verifiable information about the product’s origin and production; the promotion of sustainable practices aimed at reducing the environmental impact and improving social conditions during production; the promotion of a circular economy, facilitating the recycling and reuse of materials and products.

Although the DPP is not yet technically defined, it is known that it will be necessary:

• To provide DPP information easily accessible directly from the product itself or its packaging, without the need to consult external sources or separate paper documents;
• The medium, whether physical or digital, used to store and present information about a product, as well as the unique product identifier (a specific code assigned to each product that uniquely distinguishes it globally from all others), must comply with the guidelines and requirements established by the ISO standard, ensuring global, unique, and traceable identification for products;
• The information in the DPP must follow publicly accessible and shared standards, be formatted in a way that different systems and platforms can use it without issues, and must be easily readable and searchable by users.

The DPP will be gradually introduced between 2026 and 2030 to allow businesses and EU Member States to progressively adapt to the new regulations and technical requirements.

This gradual introduction is necessary due to the complexity of the system, which requires the creation of digital infrastructures to store and share product information via reference standards for data collection and transmission.

In addition, companies will need to update their production and data management processes in the least economically impactful way possible, especially for start-ups and SMEs.

The DPP will first be mandatory for the product categories with the most environmental impact, including the textile industry, which will need to comply with the DPP starting from 2026.

Nevertheless, some fashion companies have already begun adopting the Digital Product Passport to benefit from the advantages of this tool, which allows for a strong connection with consumers who are increasingly focused on choosing brands that demonstrate social and environmental responsibility.

In the textile sector, the introduction of the DPP integrates with traditional product labeling to ensure complete traceability and improve the sustainability of products.

Indeed, labeling on textile products is already mandatory according to various laws in force at the European and international level, generally including information such as material composition, washing instructions, origin and manufacturing brand, as well as size, color, and other specific characteristics.

The physical label remains the most immediate tool for the consumer to view essential information quickly.

The DPP adds another layer of digital information to the product, as we mentioned, via a QR code or RFID chip, directly on the physical label or on the product itself. In addition to the physical label information, the digital passport may include more detailed and dynamic data not listed on the physical label, such as supply chain traceability (where and how the materials were produced), environmental footprint (e.g., CO2 emissions impact, use of natural resources), the entire product lifecycle (how to dispose of, recycle, or reuse it), and any sustainability or quality certifications.

Using open data principles, all the product information is publicly available, providing transparency and accessibility. This means that the DPP will drive transparency, accountability, and sustainability.

References

1. European Union Regulation on ESPR (EU No 1781/2024)
2. Sustainable Product Initiative https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-products-initiative_en 
3. European DPP Initiative https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14382-Digital-product-passport-rules-for-service-providers_en 
4. European Guidelines DPP in the textile sector https://www.europarl.europa.eu/RegData/etudes/STUD/2024/757808/EPRS_STU(2024)757808_EN.pdf 

Authors:

Camilla Gentile

Camilla Gentile graduated in Law from the University of Brescia, with a thesis focused on the legal protection of intellectual and industrial property rights. Licensed to practice law, in 2022 she co-founded Close to Ius, a law firm distinguished by its modern and personalized approach to legal consulting, assistance, and training for professionals and businesses. The firm, already featured in the prestigious Forbes magazine, was also a finalist at the Legal Community Forty Under 40 Awards in the category Law Firm of the Year – IP & TMT. In addition to her legal practice, Camilla is a contributor to the legal magazine Ius in Itinere and a member of the editorial board of Fashion Law Journal, where she also teaches. With a particular focus on the evolving legal landscape of fashion law and intellectual property, she combines her legal expertise with ongoing academic research, enriching her knowledge with a keen analysis of the legal challenges in the world of innovation and creativity.

Isabella Carantani

Isabella Carantani earned her Law degree from the University of Brescia in 2019 and obtained her license to practice law in 2021 after completing training in civil and criminal law. In January 2022, she co-founded Close to Ius, a law firm known for its modern and personalized approach to legal consulting, assistance, and training for professionals and businesses. The firm has been featured in Forbes magazine and was a finalist at the Legal Community Forty Under 40 Awards in the category Law Firm of the Year – IP & TMT. Isabella Carantani is a senior contributor for the Fashion Law and Influencer Marketing section of the online legal magazine Ius in Itinere, where she writes articles on topics such as fashion law, sustainability, intellectual property, influencer marketing, artificial intelligence, and privacy. She also collaborates with the international Fashion Law Journal, bringing an international perspective to industry-related issues thanks to her expertise and the contributions of her law firm.

Collaboration win:

Ahead of the Lollapalooza India 2025 music festival in Mumbai this March, H&M and Lollapalooza announced a collaboration – shoppers could win 2-day passes to the festival. This is not H&M’s first partnership with music festivals; the brand has previously teamed up with the famed Coachella festival multiple times and notably created the popular “H&M Loves Coachella” collection. Such brand collaborations have become a popular strategy for merging two distinct worlds and their consumer bases, creating a mutually beneficial scenario. By joining forces, brands can leverage each other’s strengths, reach new audiences, and offer unique products or experiences that appeal to both sets of consumers. This synergy not only boosts brand visibility but also enhances customer engagement, as the collaboration brings fresh ideas, exclusive offerings, and shared values to the forefront.

Heritage and culturally inspired reboot:

Brand collaborations are not the only way the worlds of fashion and music collide. With increased spotlight on heritage and cultural influences, fashion and music both are great ambassadors.  For example, Christian Dior’s iconic fashion show at the Gateway of India in Mumbai in 2023 brought a remarkable focus to India’s needlework and craftsmanship, highlighting the work of women from the Chanakya School of Craft, a partner of LVMH-owned Christian Dior. The event also underscored the powerful role of music in honouring culture and heritage. The soulful performance by an 18-piece Indian orchestra, featuring Pandita Anuradha Pal, the world’s first professional female Tabla player, was a striking departure from the usual music choices for fashion runways. Deeply rooted in tradition, the performance captivated music lovers and bridged the worlds of fashion and music in a harmonious tribute to Indian culture.

In similar fashion, at the FDCI India Couture Week 2024, Indian designer Abu Jani Sandeep Khosla’s show incorporated a curated playlist, ‘Disco Mujra’, blending classic Indian tabla and qawwali with modern drums and guitar. Designers such as Anita Dongre and Satya Paul have previously collaborated with Indian folk artists like Bhanwari Devi, Komorebi (Tarana Marwah), and Curtain Blur (Abhishek Bhatia), merging music and fashion to create unique, culturally rich experiences.

Trendsetting:

As tools of cultural and self-expression, music and fashion also collide to shape global trends. From Elvis Presley’s impact on how men saw fashion, to Kurt Cobain contributing to the pop punk movement, to Madonna being one of the biggest fashion icons of 21st century or Lady Gaga’s extravagance, artists have always influenced fashion choices.

Creative synergies between the two industries have also seen collaborations between fashion brands and music artists. The rise and fall of Kanye West’s Yeezy collaborations with Adidas and Gap are a leading example. Another one is that of Dua Lipa – on top of being the co-chair for Met Gala 2023, she embraced fashion by co-designing a women’s collection ‘La Vacanza’ with Donatella Versace, the chief creative officer of the Italian fashion house Versace.

Music artists/ singers are increasingly diversifying their revenue stream realising the potential fashion holds to supplement their music and self-expression. Merchandising for instance, is a popular revenue driver and also serves a connection with fans who show their commitment and following of the artist by donning fashion items endorsed or created by them. Indian artist Diljit Dosanjh is a case in point. Acclaimed internationally both as a music artist and fashionista, his recently concluded Dil-luminati tour had valuable merchandising tie-ups including one with Levi’s that launched exclusive Diljit Dosanjh merchandise in celebration of the tour. In early March 2025, Levi’s announced Dosanjh as its newest global ambassador.

The influence music artists have on fashion is becoming increasingly evident, especially with recent high-profile appointments by global fashion houses. For example, Louis Vuitton tapped Pharrell Williams, a renowned figure from the music industry, to take on the role of artistic director for its menswear designs. Similarly, musician Future was selected as the first guest creative director for Lanvin’s new incubator project, Lanvin Lab, which also introduced a new division for leather goods and accessories. A$AP Rocky, the acclaimed American rapper, was appointed Ray-Ban’s first-ever creative director and works with Puma as the creative director for their Formula 1 Partnership. As global brands recognize the trend-setting power and cultural influence of music artists, traditional brand ambassadorships are evolving into more dynamic and collaborative roles. These partnerships signal a shift in how celebrities and musicians are shaping the fashion industry, influencing everything from design direction to marketing strategies.

Common legal fabric:

Beneath the functioning of both industries and creative collaborations, lies an intricate web of legal interaction. From intellectual property protection to enforcement of rights to monetisation through relevant agreements, several cases have highlighted the importance of strong legal protection. While copyright grants the creator of an original work the exclusive rights to reproduce, distribute, perform, and display the work, trademarks protect brand names, logos etc. Design rights that protect the aesthetic aspect or outward appearance of a product serve as a valuable complement in the world of fashion.

TRADEMARKS:

Registering trademarks for song titles, personal names, and names of music festivals is not uncommon. One such example of this is the title of the Indian song, “Kolaveri Di,” for which trademark registration was sought in the year 2011, reflecting it’s growing commercial value. Personal names are also subject matter of trademark protection and several artists like Taylor Swift, Beyoncé and Adele as well as fashion designers such as Elie Saab, Christian Dior, Gaurav Gupta, Sabyasachi, all have registered their names as trademarks. Taylor Swift famously also has registration for the name of her fanbase ‘Swifties’. Registration of trademarks is prima facie evidence of ownership and assists in initiating infringement suits.

The importance and relevance of trademark clearances, registration is highlighted in the recent case of the American pop icon ‘Katy Perry’ and Australian designer ‘Katie Taylor’ operating a clothing line under the name “Katie Perry”. While Taylor registered her trademark in the year 2009, the pop icon adopted her stage name as early as in 2002, creating a legal tussle when merchandise bearing “Katy Perry” was sold during the singer’s Australian tour. Initially, the Federal Court of Australia ruled in favour of Taylor, but on appeal, the court found the marks deceptively similar and ordered cancellation of Taylor’s trademarks due to the singer’s prior use of her name. The court noted that Taylor had not applied to register her mark as soon as she started her business but did so upon learning of Perry’s reputation.  Australia is a first-to-use jurisdiction on account of which Katy Perry received protection for use of the said name. Hypothetically, if a similar situation arose in a first-to-file jurisdiction, the outcome of the case may have differed significantly.  Thus, it is important to navigate global check-lists, tailoring brand protection strategies across countries to avoid legal tussles on ownership.

Another example of a trademark dispute concerns Perry Moise, record producer & hip-hop artist whose stage name ‘Burberry Perry’ was changed after a law suit was filed by fashion brand ‘Burberry’.

COPYRIGHT:

In India, the Copyright Act of 1957 governs the use of music in public performances, including in fashion shows. Entities wishing to play pre-recorded music must secure licenses from organizations such as the Phonographic Performance Limited (PPL) and Indian Performing Right Society (IPRS). Without these licenses, brands face risk of infringement actions. An example worth discussing is when PPL obtained an injunction by the Delhi High Court against the organisers of the ‘Bangalore Fashion Week’ and the Intercontinental Hotel Group, where the fashion show was hosted. Bangalore Fashion Week was sued for not paying the requisite license fee to play songs during the fashion week, and the hotel was sued for not checking up on required licenses prior to the event.

Apart from use in fashion shows, music is a necessary tool in advertisements and fashion houses often collaborate with artists to launch and promote their products. However, complications are not unusual specially when concerns over intellectual property infringement arise. For instance, Louis Vuitton found itself in trouble after Venezuelan composer accused the brand of using his music without permission in a 2021 ad campaign starring Chiara Ferragni. The claim alleged that Louis Vuitton’s version of the song copied key elements of the original composition, including its melody, harmony, and rhythm. Similarly, Sony Music filed a lawsuit against Marriott Hotels for 931 instances of copyright infringement, citing unauthorized use of its sound recordings in social media posts, including those from Marriott’s paid influencers. Another recent example is of Miley Cyrus, a renowned singer who has recently been accused of copying Bruno Mars’ 2011 track for her song ‘Flowers’. While the outcome of the suit is awaited, interestingly, brand such as GUCCI/ SEPHORA have used the song ‘Flowers’ in their fragrance advertisement. While the music artists battle rights over IP, the role and involvement of fashion houses remains to be seen as licensing agreements often form part of collaboration/brand arrangements, necessitating conversation on applicable liabilities.

Conclusion: The Sound of Fashion’s Future

As music continues to play a significant role in shaping the fashion industry, the legal framework governing their intersection must evolve accordingly. Intellectual property laws, ranging from copyright to trademark, will increasingly define how musicians and fashion designers collaborate. As this dynamic relationship expands, a clear understanding of the legalities involved will be crucial for safeguarding the rights of all creative individuals. With India’s growth trajectory gaining global attention, the influence of both the music and fashion industries within the country and beyond is expected to rise. The growing international presence of Indian fashion and music is poised to shape exciting trends, making this intersection a space worth watching closely.

About Author:

Ms. Radha Khera – She is Managing Associate at Remfry & Sagar, India, and works with the Firm’s Intellectual Property & Fashion/Luxury Law practice.

Disclaimer: The views expressed are of Author.

Product labelling in the fashion industry serves a fundamental function, both from a legal and strategic perspective. On the one hand, it constitutes a regulatory obligation aimed at ensuring transparency and consumer protection; on the other hand, it is a powerful corporate communication tool, capable of conveying values such as quality, sustainability, and ethical production, thereby contributing to the brand’s identity.

In an increasingly regulated market, sensitive to the environmental and social impacts of the fashion industry, a sound understanding of labelling rules is crucial for economic operators. Proper management of the information displayed on labels ensures both regulatory compliance of the products placed on the market and enhances corporate reputation, while responding to consumers’ growing expectations.

At both European and national levels, legislation requires that textile products and footwear display mandatory information concerning, inter alia:

• the fibre composition of textile products, pursuant to Regulation (EU) No. 1007/2011;
• the presence of non-textile parts of animal origin;
• the identity of the party responsible for placing the product on the market.

Labels must be drafted in a clear, legible, and indelible manner, in the official language(s) of the Member State where the product is marketed.

For textile products, the indication of the country of origin is not mandatory, unless its omission could mislead consumers, or in cases provided for by customs legislation, in particular under Regulation (EU) No. 952/2013 establishing the Union Customs Code.

In general, there are no mandatory requirements to provide information regarding care instructions, potential health and safety risks, or elements such as size and technical reference codes, unless specific sectoral legislation imposes such obligations for certain products or categories of consumers.

With regard to footwear, the legislation requires disclosure of the composition of the main components – upper, lining and insole, and outer sole – by means of pictograms or textual indications, as set out in Directive 94/11/EC, transposed into Italian law by Ministerial Decree of 11 April 1996.

In addition to regulatory obligations, labelling plays an increasingly strategic role. More and more fashion companies use this tool to communicate corporate values, tell the story behind their products, and demonstrate their commitment to environmental and social sustainability. In a market characterised by informed consumers attentive to transparency, the inclusion of voluntary information on labels constitutes a competitive advantage.

Among the additional information commonly displayed are recognised sustainability certifications, such as:

• Global Organic Textile Standard (GOTS)
• Oeko-Tex Standard 100
• Fair Trade
• Cradle to Cradle Certified

However, it is essential that such information be truthful, verifiable, and not misleading. The communication of unsubstantiated environmental claims (so-called greenwashing) constitutes an unfair commercial practice under Articles 20-27 of the Italian Consumer Code (Legislative Decree No. 206/2005) and may also amount to a violation of Regulation (EU) 2024/825, which introduces specific prohibitions on misleading environmental claims (Green Claims Regulation).

Regulatory and technological developments are also driving the fashion sector towards more transparent and interactive forms of labelling. The use of QR codes, NFC technologies, and blockchain systems today allows consumers to access, in real time, detailed information regarding the origin of raw materials, production chains, environmental certifications, and product authenticity.

At the same time, certain Member States of the European Union have introduced an Extended Producer Responsibility (EPR) scheme for the textile sector, obligating producers to bear responsibility for the management of waste deriving from their products at end-of-life. At the European level, the legislative process is currently underway to amend Directive 2008/98/EC (Waste Framework Directive), with the aim of making textile EPR mandatory in all Member States. This measure is also envisaged in the Ecodesign for Sustainable Products Regulation (ESPR), an integral part of the European Green Deal and the Circular Economy Action Plan (CEAP 2020).

In conclusion, labelling in the fashion industry is far from being a mere bureaucratic fulfilment; it is a key element to ensure product compliance, safeguard consumer rights, and strengthen the credibility and reputation of companies. Transparent, accurate, and strategically managed labelling enables brands to stand out in the market and build consumer trust, which is increasingly conditioned by concerns for quality, ethics, and the sustainability of the products they purchase.

References

1. European Union Regulation on Textile Labeling (EU No 1007/2011)
2. U.S. Federal Trade Commission (FTC) Textile and Wool Acts
3. Global Organic Textile Standard (GOTS) Official Guidelines
4. Oeko-Tex Association Guidelines for Standard 100 Certification
5. Fashion Transparency Index 2023, Fashion Revolution
6. Extended Producer Responsibility (EPR) Regulations in the European Union
7. McKinsey & Company: The State of Fashion 2024 Report

AUTHORS: 

STEFANIA GALLO

Stefania Gallo is a legal professional specializing in the fashion and luxury sectors, with a solid academic background and focused experience in the legal issues affecting these industries. She graduated in Law from the Alma Mater Studiorum – University of Bologna, where she wrote her thesis on Civil Procedural Law, exploring precautionary protection within the luxury industry.

As a specialist in Fashion Law, Luxury Law, and Intellectual Property, Stefania combines legal expertise with a keen focus on emerging issues in the sector. She has honed her skills through numerous specialized courses in areas such as artificial intelligence, blockchain, and international arbitration, delving into new legal frontiers for these industries.

She has been a speaker at fashion law conferences in Italy and internationally, offering insights from an Italian legal perspective on topics of global interest.

Stefania is also the founder of Fashion Law Italia, the first Italian platform dedicated to legal dissemination in the fashion industry. This project merges strong legal expertise with a deep understanding of market dynamics.

ANUJ KUMAR

Anuj is also Founder & editor-in-chief of Fashion Law Journal, an exclusive resource for legal issues involving the fashion industry. Anuj has been assisting fashion brands in Compliances required for Fashion Industry, the issues of Licensing, Merchandising, and protecting IP, Labour, and the Rights of stakeholders. Anuj is also founder of Legal Desire Media (among leading legal industry insights media with over 3 Million+ readership), having experience of 12 years in Publishing, Compliances, Business Development & Marketing, closely working with over 50+ global brands, influencers & law firms in various practices for comprehensive business development solutions, empowering small firms to successfully build their brands,  connect with consumers to grow their practice. Serving clients in brand setup, industry compliances, managing their digital properties, business Development goals & Corporate Communications, etc. Know more at www.fashionlawyer.co

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.

In the U.S., fashion designers often lean on trade dress, a subset of trademark law, to protect their brand’s “look and feel.” Trade dress safeguards distinctive features if they are non-functional and recognized by consumers as a brand marker, such as Gucci’s recognizable patterns. Meanwhile, Europe offers more direct protection with its unregistered design right, which protects original designs for up to three years after creation. This brief period aligns well with fashion’s seasonal nature. In India, industrial design protection can apply to fashion designs if they meet originality and distinctiveness criteria. However, similar to other countries, these laws alone may not deter infringement effectively.

Given these constraints, fashion companies and designers are turning to contractual protections, such as NDAs and non-compete clauses, which address vulnerabilities not covered by IP laws.

The Role of Non-Disclosure Agreements in Fashion

In this context, confidentiality and non-compete clauses are essential tools to safeguard a company’s intellectual and strategic assets, fostering brand stability and development. The confidentiality agreement, or NDA (Non-Disclosure Agreement), is an essential contract with collaborators and employees and, in particular, between two companies or partners collaborating on a project. In a strategic collaboration, the NDA is crucial to protect sensitive information exchanged during work, from design patterns to technical production details, commercial positioning strategies, and exclusive supplier contracts. 

An NDA between companies clearly establishes which information must remain confidential and for how long, ensuring that neither party can use the other’s information for its own advantage without authorization. These confidentiality agreements become even more important in contexts such as major mergers, acquisitions, business agreements, or the sale of business units, where the protection of financial, operational, and strategic information is crucial. When applied to collaborators, an effective NDA covers information that is not publicly available, adopting measures proportional to the strategic value of the data and the duration of the working relationship. In some cases, the NDA may be reciprocal, binding both parties to confidentiality, a common practice in strategic collaborations and joint projects. In any case, it is essential to comply with privacy regulations, ensuring that personal data is handled in accordance with GDPR and local laws. The non-compete clause, instead, limits a former employee’s or collaborator’s ability to work for a competitor or start a competing business. To be valid, this clause must respect strict limits on duration, geographic scope, and sector. Thus, the clause protects the company’s interests without being overly restrictive, allowing the worker to move into non-competing fields. Confidentiality and non-compete clauses protect corporate know-how and reduce the risk of former collaborators using acquired skills to benefit competitors. Including them in contracts helps to maintain brand stability even in the event of personnel changes, fostering an environment of trust and transparency with employees and collaborators. An example of the importance of using confidentiality and non-compete clauses can be found in high-end tailoring workshops, such as those of the Italian brand “Kiton,” where artisanal skills must be protected. Kiton’s tailors, in fact, use techniques passed down through generations, embodying the identity and distinctive value of the brand. Without a solid confidentiality clause, these methods could easily be disclosed. The non-compete clause is equally essential to prevent these artisans, once their working relationship with the company ends, from transferring their skills to a rival brand. 

Furthermore, the importance of an NDA can be seen in the recent collaboration between Prada and Axiom Space to develop spacesuits for lunar missions. Here, too, confidentiality is necessary to protect the technological and design innovations developed jointly. These examples demonstrate how confidentiality and non-compete clauses are essential tools not only in internal relationships with employees but also in collaborations between companies. 

To ensure that agreements are effectively applied, companies should use advanced management tools, such as software dedicated to contract monitoring, which respects collaborators’ privacy and data protection regulations. Monitoring, in fact, must be limited to document and contract management without encroaching on employees’ private sphere. If a violation is suspected, it is important, in compliance with current regulations, to conduct an internal investigation to gather documentary and testimonial evidence in accordance with legal requirements. Penalties must be proportionate, and, if foreseen as liquidated damages, should be commensurate with the estimated economic harm. If the harm is greater, compensation for the “greater damage” may be requested only if provided for by the clause. In particularly serious cases, such as the disclosure of significant corporate secrets, the company may also consider criminal penalties (articles 621, 622, and 623 of the Italian Penal Code), provided the circumstances fall within the legal provisions. These agreements, besides protecting the brand from external threats, create an atmosphere of trust with employees and collaborators, laying the foundations for solid and sustainable long-term growth.

For example, fashion houses in both the U.S. and Europe commonly require anyone accessing upcoming collections—employees, contractors, or even potential buyers—to sign NDAs. These agreements explicitly define what information is confidential and outline legal consequences for breaches. In the U.S., an NDA breach could lead to lawsuits for damages or injunctions to prevent further disclosure. In the European Union, NDAs are also upheld strongly, and companies may seek relief under trade secret laws if breaches occur.

NDAs are particularly useful in scenarios involving international production. When designers send their work to overseas manufacturers, an NDA ensures that proprietary information remains secure. For instance, if a brand’s new handbag design leaks prematurely, competitors can create knockoffs and flood the market, undermining the brand’s launch. Using NDAs across the production chain helps curb these risks, though designers still need to be cautious, as enforceability can be challenging across borders.

Non-Compete Clauses: Preventing Market Competition from Within

Non-compete clauses offer another layer of protection, especially from insiders who could leverage proprietary knowledge to compete with their former employer. These clauses prevent individuals from joining or starting a rival business within a specified timeframe or geographic area after leaving the company.

In the U.S., non-compete agreements are common in the fashion industry but vary in enforceability by state. California, for instance, generally prohibits non-compete clauses, viewing them as a restriction on the right to work. However, states like New York and Texas are more lenient, allowing non-competes if they are reasonable in scope, time, and geography. In Europe, non-compete agreements are enforceable under specific conditions. For instance, French labor law allows non-compete clauses but requires that employers provide compensation for the restriction. Similarly, in the UK, they must be justified by a legitimate business interest to avoid being struck down in court.

In India, non-compete clauses face challenges under Section 27 of the Indian Contract Act, which generally deems agreements that restrict trade void. However, courts in India have upheld non-competes when they apply post-employment, provided they are reasonable and protect trade secrets.

A common scenario illustrating the use of non-compete clauses is when a senior designer or creative director leaves a brand. Without a non-compete, they could take sensitive information about the brand’s unique aesthetic, upcoming trends, or market strategies to a competitor, effectively putting the original brand at a disadvantage.

Complementary Use of NDAs and Non-Compete Clauses

Using NDAs and non-compete clauses together provides a more robust shield for fashion designs. NDAs secure confidentiality during collaboration, while non-competes extend protection post-employment or post-collaboration, preventing former partners from immediately joining competitors.

For instance, a brand collaborating with an independent designer may use an NDA to keep project details confidential and a non-compete to prevent the designer from using that experience to benefit a competitor within a defined period. This combined strategy is critical in an industry where trends evolve quickly, and early exposure can lead to rapid imitation.

Limitations and Legal Challenges

While valuable, NDAs and non-compete clauses have their limitations. Enforcing NDAs often requires substantial resources, and companies without the means to pursue legal action may find them ineffective. For non-competes, overly restrictive terms may be seen as impinging on an individual’s right to work and can be invalidated by courts. Legal experts recommend tailoring these clauses specifically to enhance enforceability. For example, instead of a broad restriction, a company might limit non-competes to direct competitors or roles with similar responsibilities to the employee’s previous position.

Conclusion

Non-disclosure agreements and non-compete clauses are versatile tools that supplement traditional IP protections, securing proprietary information during both collaboration and post-employment phases. However, these clauses must be crafted carefully to comply with the legal norms of each jurisdiction, whether in the U.S., Europe, or India.

For fashion designers, navigating these contractual and legal protections is crucial for maintaining their creative edge and securing their brand’s value in an industry that never sleeps. By seeking legal counsel and understanding jurisdiction-specific nuances, brands can establish a fortified approach to protect their designs, ensuring that their ideas remain exclusive and their creative investments yield a return.

Sources:

• “They Are Everywhere, But Are Non-Compete Restrictions Actually Effective?” The Fashion Law, https://www.thefashionlaw.com/they-are-everywhere-but-are-non-compete-restrictions-actually-effective/
• “Fashion Designers and Non-Competition Agreements,” Fashion Law Wiki, https://fashionlawwiki.pbworks.com/w/page/11611191/fashion%20designers%20and%20non-competition%20agreements.
• “From Milan to the Moon – Intellectual Property Considerations in Prada’s Collaboration with Axiom Space,” Stevens & Bolton LLP, https://viewpoints.stevens-bolton.com/post/102jnez/from-milan-to-the-moon-intellectual-property-considerations-in-pradas-collabor
• “Non-Disclosure Agreement vs. Non-Compete Agreement,” LegalNature, https://www.legalnature.com/guides/non-disclosure-agreement-vs-non-compete-agreement
• “The Federal Trade Commission’s Attempt to Ban U.S. Non-Compete Agreements: Why and What Next?” Reuters, https://www.reuters.com/legal/legalindustry/federal-trade-commissions-attempt-ban-us-non-compete-agreements-why-what-next-2024-07-11/
• “How Will the Ban of Noncompete Clauses Impact the Fashion Industry?” Luxury Daily, https://www.luxurydaily.com/how-will-the-ban-of-noncompete-clauses-impact-the-fashion-industry/
• “Prada and Axiom Space,” Prada, https://www.prada.com/ww/en/pradasphere/special-projects/2024/prada-axiom.html
• “NDAs and Confidentiality Agreements: What You Need to Know,” Thomson Reuters, https://legal.thomsonreuters.com/en/insights/articles/confidentiality-agreements
• “How Effective Are Non-Compete Restrictions?” The Fashion Law, https://www.thefashionlaw.com/they-are-everywhere-but-are-non-compete-restrictions-actually-effective/
• “Non-Disclosure Agreement vs. Non-Compete Agreement,” LegalNature, https://www.legalnature.com/guides/non-disclosure-agreement-vs-non-compete-

About Authors:

Anuj Kumar:

Anuj is also Founder & editor-in-chief of Fashion Law Journal, an exclusive resource for legal issues involving the fashion industry. Anuj has been assisting fashion brands in Compliances required for Fashion Industry, the issues of Licensing, Merchandising, and protecting IP, Labour, and the Rights of stakeholders. Anuj is also founder of Legal Desire Media (among leading legal industry insights media with over 3 Million+ readership), having experience of 12 years in Publishing, Compliances, Business Development & Marketing, closely working with over 50+ global brands, influencers & law firms in various practices for comprehensive business development solutions, empowering small firms to successfully build their brands,  connect with consumers to grow their practice. Serving clients in brand setup, industry compliances, managing their digital properties, business Development goals & Corporate Communications, etc. Visit: www.anujkumar.in

Stefania Gallo: 

Stefania Gallo is a professional in the legal sector of fashion and luxury, with a solid education and focused experience in the legal matters of these fields. A graduate in Law from the Alma Mater Studiorum – University of Bologna, she developed her thesis in Civil Procedural Law, delving into precautionary protection within the luxury industry.
As a specialist in Fashion Law, Luxury Law, and Intellectual Property, Stefania combines legal expertise with a keen approach to emerging topics in the sector, gaining skills through numerous specialized courses in areas such as artificial intelligence, blockchain, and international arbitration, exploring new legal frontiers for these industries.
She has participated as a speaker in fashion law conferences, offering an Italian legal perspective on topics of global interest.
Stefania is also the founder of Fashion Law Italia, a platform dedicated to legal dissemination in the fashion industry. This project merges solid legal expertise with a deep understanding of market dynamics.

]]> https://fashionlawjournal.com/protecting-original-fashion-designs-the-role-of-non-disclosure-and-non-compete-clauses/feed/ 0 https://fashionlawjournal.com/building-an-effective-legal-operations-team-in-the-fashion-industry/ https://fashionlawjournal.com/building-an-effective-legal-operations-team-in-the-fashion-industry/#respond Tue, 05 Nov 2024 02:40:25 +0000 https://fashionlawjournal.com/?p=8898 The fashion industry, with its fast-paced evolution and global market reach, demands a dynamic and well-organized legal operations team. Effective legal operations are essential to ensure that brands stay compliant with regulations, manage intellectual property, and protect against the growing risks of supply chain issues, data privacy concerns, and more. As companies in this industry continue to expand, having a dedicated and agile legal operations team is not just beneficial—it’s critical.

Understanding the Unique Needs of the Fashion Industry

Legal operations in fashion must go beyond the typical concerns of contracts and compliance. The industry’s high level of creativity and constant innovation creates a unique set of challenges. From protecting intellectual property (IP) to navigating sustainability regulations and managing the legalities of influencer collaborations, the scope of legal operations is broad.

In fashion, a brand’s identity is everything. Protecting trademarks, design patents, and copyrights is essential to maintaining brand value. However, that is just the start. With fast-moving trends and global supply chains, legal teams also need to monitor ever-changing laws and consumer protection requirements across multiple jurisdictions. Therefore, the first step in building an effective legal operations team is to ensure that team members have a deep understanding of the fashion business and its specific legal challenges.

Leveraging Technology and Automation

A successful legal operations team harnesses the power of technology to streamline processes. Fashion brands often work with hundreds of contracts, vendor agreements, and IP filings across multiple countries. Managing this volume manually is not feasible.

Automation tools, like contract lifecycle management (CLM) platforms, play a key role in expediting contract approvals, maintaining compliance, and reducing risk. Tools such as Ironclad, which enable contract tracking, digital signatures, and data management, are indispensable for managing a large legal portfolio with limited human resources.

Automation also comes into play when protecting a brand’s IP. Solutions such as RedPoints can be used to identify counterfeit goods, enforce IP rights online, and remove infringing listings from e-commerce platforms. By integrating these tools, fashion legal operations teams can manage more with less and respond swiftly to potential legal threats.

Structuring the Team: Balance Between Legal Expertise and Operational Efficiency

When building a legal operations team, a clear balance must be struck between legal expertise and operational efficiency. This requires careful consideration of skillsets. A well-rounded team will include legal professionals experienced in IP, contracts, and compliance, as well as individuals who are experts in legal technology, data analysis, and process improvement.

The legal operations lead should have strong leadership skills and an in-depth knowledge of how the fashion industry functions. This person needs to ensure the team operates efficiently while aligning closely with the broader business goals of the brand.

It’s also important to create a team structure that allows flexibility. For example, legal specialists should be able to transition between tasks like overseeing IP enforcement one day and collaborating on supply chain compliance the next. This adaptability helps the team stay agile in the ever-evolving fashion world.

Collaboration Across Departments

Legal operations do not exist in a vacuum. One of the key aspects of an effective team is its ability to collaborate seamlessly with other departments, such as design, marketing, IT, and sustainability teams. These cross-departmental relationships are critical for spotting legal risks early and preventing potential issues before they escalate.

For instance, the marketing team should have a direct line to legal operations when it comes to influencer contracts or campaigns involving new product launches. Similarly, the design team needs close coordination with legal to ensure that new designs are protected and any third-party collaborations are compliant with regulations.

Creating an open, communicative environment within the company allows for better collaboration and keeps everyone aligned toward shared goals.

Prioritizing Compliance and Sustainability

The legal landscape in the fashion industry is increasingly influenced by sustainability concerns. Brands are under growing scrutiny to ensure that their products are ethically sourced, environmentally friendly, and comply with international labor laws. Legal operations teams need to stay on top of regulatory changes, especially in the area of environmental compliance.

Incorporating compliance management tools that track sustainability initiatives and supply chain transparency can help legal teams anticipate and address regulatory risks. By integrating sustainability compliance into the core operations, fashion brands can not only avoid legal pitfalls but also build stronger relationships with ethically conscious consumers.

Measuring Success and Driving Continuous Improvement

An effective legal operations team must be focused on continuous improvement. This means regularly evaluating the effectiveness of processes, technology, and the team itself. By measuring key performance indicators (KPIs) such as contract turnaround time, litigation cost management, and the success of IP enforcement, legal operations can identify areas for improvement.

Regular training and upskilling of the team are also important. The legal landscape is constantly evolving, and fashion legal operations teams must stay informed about new regulations, emerging trends, and the latest technologies. Continuous improvement is the key to keeping the legal function lean and efficient while supporting the company’s long-term success.

Emphasizing Talent Development and Skills Diversification
Building a high-performing legal operations team means recruiting individuals with diverse backgrounds and investing in continuous development. In addition to traditional legal skills, legal operations in fashion benefit from professionals adept in project management, financial analysis, technology adoption, and data insights. Recruiting T-shaped professionals—those with deep expertise in one area but broad knowledge across other functions—can improve flexibility and adaptability in fast-evolving fashion environments. For example, some legal operations roles might combine contract management with data analytics to streamline compliance tracking or improve contract lifecycle management. Regular training in emerging areas, like AI-driven IP management and sustainable fashion compliance, ensures that the team stays ahead of regulatory shifts and technological advancements, making talent development essential for long-term success.

Developing a Clear Organizational Structure
A structured hierarchy within legal operations helps align team functions with business goals. Legal operations typically include roles such as project managers, legal technologists, risk managers, and financial analysts, each contributing to a seamless flow of legal services. A well-defined structure could look like this: a Legal Operations Director overseeing operations, supported by legal project managers, contract specialists, and compliance analysts. Such a hierarchy enables a smoother distribution of responsibilities, accountability, and support for cross-functional projects. This structure is also beneficial in fostering collaboration across departments and centralizing decision-making, which is crucial for legal efficiency within fashion brands.

Integrating Legal Operations into Sustainability Initiatives
Fashion brands face mounting pressure to adopt sustainable practices and uphold labor and environmental standards, making sustainability a central focus for legal operations. By embedding sustainability into legal processes, teams can preemptively address regulatory requirements and improve brand reputation. Tools that track sustainability metrics within supply chains—such as product sourcing audits, emissions tracking, and ethical labor checks—can provide a comprehensive view of compliance and potential risks. Legal operations teams may work closely with sustainability departments to ensure compliance with regulations such as the EU’s Sustainable Product Initiative or California’s Garment Worker Protection Act, aligning legal actions with corporate social responsibility goals.

Data-Driven Decision Making and Analytics
In the digital age, data plays a critical role in shaping legal strategy and enhancing operational efficiency. Legal operations teams can leverage analytics platforms to monitor key performance indicators (KPIs) related to contract lifecycle times, dispute resolution, and risk management. With a data-driven approach, the team can uncover patterns in IP infringements, track vendor compliance, and predict potential legal challenges, ultimately driving better decision-making. Advanced tools like artificial intelligence (AI) and machine learning (ML) enhance this by providing predictive insights into market risks, emerging regulatory requirements, and IP protection strategies.

Building a Culture of Compliance
In fashion, a proactive compliance culture helps prevent costly legal issues and enhances brand integrity. Legal operations can support this by fostering an organizational commitment to compliance, from design through to distribution. Clear guidelines on compliance standards and regular workshops for internal teams (like design and marketing) promote awareness of the brand’s legal responsibilities. This can be especially useful in international operations where varying regional laws require nuanced understanding. Establishing compliance as part of the core brand ethos enables smoother alignment of business actions with regulatory expectations and mitigates risks more effectively.

Preparing for Crisis and Risk Management
Fashion brands are susceptible to unique legal risks—from counterfeit goods to sudden supply chain disruptions. An effective legal operations team develops crisis protocols that enable quick responses to potential legal and reputational threats. This could involve preparing detailed IP enforcement plans for counterfeits, setting up rapid response systems for product recalls, or training teams on cybersecurity measures to protect customer data. Establishing a robust risk management framework and testing it periodically prepares the brand to handle crises efficiently and safeguard brand trust.

Conclusion

Building an effective legal operations team in the fashion industry requires a deep understanding of the unique challenges of the industry, the smart use of technology, and a commitment to cross-departmental collaboration. Cross-departmental collaboration further emphasizes the team’s value, as legal operations work in tandem with marketing, design, IT, and sustainability departments to anticipate issues and implement preventative measures. A culture of compliance fostered by ongoing education and a proactive approach to crisis management allows the brand to stay resilient in the face of evolving regulatory landscapes and reputational threats. By embedding these practices into the very fabric of the brand, legal operations become a vital partner in not only protecting the brand’s assets and reputation but also in fueling its growth, agility, and long-term success in a competitive global market.

Ultimately, a well-rounded legal operations team acts as a strategic ally to the brand, transforming legal compliance from a reactive necessity into a proactive advantage. With the right combination of skilled talent, collaborative culture, and cutting-edge technology, legal operations can secure the brand’s future, bolster its market position, and drive innovation within the fashion industry.

 With the right structure, tools, and focus on continuous improvement, legal operations can play a pivotal role in ensuring that fashion brands thrive in today’s complex global market. The result is not only legal compliance but also a strategic advantage that supports innovation and protects the brand’s value for years to come.

References

1. “How to Build a High-Performing Legal Operations Team,” Morae Global Corporation, 2023. Available at: https://www.moraeglobal.com
2. “Strategies for Effective Legal Operations in Fashion,” Exigent Group, 2024. Available at: https://www.exigent-group.com
3. “Using Technology for Legal Operations Efficiency,” CLOC Legal Operations, 2023. Available at: https://cloc.org
4. “Sustainability and Compliance in Legal Operations,” Corporate Counsel Business Journal, 2023. Available at: https://ccbjournal.com

About Authors: Raylene Proto and Anuj Kumar

Raylene Proto

With more than a decade of experience in legal operations, Raylene Proto has made her mark at Fortune 500 companies like Arbonne International and Philips Sonicare, specializing in mergers and acquisitions, intellectual property, brand protection, and compliance. Her career includes roles in the fashion industry as a Brand Manager at Michael Kors and Macy’s.

In 2016, Raylene took on the role of Manager of Legal Affairs at Tillys, where she demonstrated her ability to independently manage the legal department. Her leadership skills were further honed at 5.11 Tactical, where she tackled intellectual property management, anti-counterfeiting, retail compliance, and data security. In 2021, she made history as the first legal hire at a.k.a. Brands, where she led the way in streamlining contract management and spearheading the legal operations program.

Raylene holds a bachelor’s degree in Fashion Marketing and Management from The Art Institute of California – Hollywood and a legal education from Washington University in St. Louis School of Law. She also has a certificate in Fashion Law and Technology from Fordham Law School’s Fashion Law Institute.

Anuj Kumar:

Anuj is also Founder & editor-in-chief of Fashion Law Journal, an exclusive resource for legal issues involving the fashion industry. Anuj has been assisting fashion brands in Compliances required for Fashion Industry, the issues of Licensing, Merchandising, and protecting IP, Labour, and the Rights of stakeholders.

Anuj is also founder of Legal Desire Media (among leading legal industry insights media with over 3Million+ readership), having experience of 12 years in Publishing, Compliances, Business Development & Marketing, closely working with over 50+ global brands, influencers & law firms in various practices for comprehensive business development solutions, empowering small firms to successfully build their brands,  connect with consumers to grow their practice. Serving clients in brand setup, industry compliances, managing their digital properties, business Development goals & Corporate Communications, etc.