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.

In this article, we analyze the dual role of labeling: on the one hand, its regulatory aspect, which mandates the disclosure of specific information, and on the other, its strategic function, which allows brands to enhance their products and position themselves distinctively in the market.

Regulatory Aspects of Labeling

Mandatory labeling is designed to provide consumers with clear information about the nature of the purchased product. Its function is twofold: it protects consumers from misleading practices and ensures a competitive market based on transparency. The main information that must be included on the label of a garment or textile product includes:

• Fabric Composition: Expressed in descending order of fiber percentages.
• Indication of Non-Textile Parts of Animal Origin: If applicable, to inform consumers about the use of animal-derived materials.
• Care and Washing Instructions: Provided through internationally recognized symbols to ensure proper maintenance of the garment.
• Identification of the Manufacturer or Importer: A key element for product traceability and accountability.
• Country of Origin: Must comply with international regulations to avoid misleading consumers about the product’s origin.
• Warnings Regarding Potential Risks: Such as flammability, allergic reactions, or hazardous materials.

Labels must be written in a language comprehensible to the market in which the product is sold, ensuring clarity and legibility while avoiding any ambiguous or misleading information.

A similar requirement applies to footwear labeling, which must indicate the composition of different components: upper, inner lining, and sole. This helps in preventing fraud and counterfeiting while giving consumers an informed choice.

Strategic Role of Labeling

Beyond legal obligations, labeling is also a means of communication and marketing. Many brands use labels to communicate their corporate DNA, telling the story of the product, the quality of raw materials, their commitment to sustainability, or the certifications obtained. Today’s consumers are increasingly sensitive to ethical and environmental issues, and every communication, even a product’s label, must be aligned with the brand’s values. A poorly conceived label can lead to public backlash and reputational damage, while a well-thought-out strategy can strengthen customer relationships and differentiate the product in the market.

In recent years, sustainability has become a central issue in the fashion industry. It is no longer enough to claim that a product is eco-friendly or ethical; to be credible, companies must obtain recognized certifications and communicate them transparently. Among the most important certifications in the textile industry are:

• GOTS (Global Organic Textile Standard) – Certifies the organic origin of fabrics and ensures compliance with environmental and social criteria during production.
• Oeko-Tex Standard 100 – Ensures that textiles are free from harmful chemicals.
• Fair Trade – Confirms that the product was made under fair labor conditions.
• Cradle to Cradle – Guarantees that the garment is designed to be either recyclable or biodegradable.

Obtaining a certification is a competitive advantage for a brand, but if it is not clearly and verifiably communicated, it loses its effectiveness. This is why many companies integrate recognized logos and symbols directly into their labels, allowing consumers to instantly identify the product’s added value. However, there is an increasing risk of greenwashing, the practice of making misleading environmental claims. Declaring a garment to be “eco-friendly” without valid certification may constitute an unfair commercial practice, leading to regulatory sanctions and reputational harm.

Future Trends in Fashion Labeling

The fashion industry is witnessing a significant shift toward digital labeling. QR codes and blockchain technology are being integrated into fashion labels to provide consumers with real-time, verifiable information about a product’s journey. These innovations offer enhanced transparency by allowing customers to trace:

• The raw materials’ source
• Manufacturing and supply chain details
• Sustainability credentials and ethical labor practices
• Product authentication to combat counterfeiting

Smart Labels powered by NFC (Near Field Communication) technology are another emerging trend, enabling consumers to access information through a simple tap on their smartphone.

Additionally, regulatory bodies worldwide are implementing Extended Producer Responsibility (EPR) laws, which mandate fashion brands to provide details on post-consumer waste management and recycling options for their products.

Conclusion

Labeling in the fashion industry is much more than a simple tag sewn onto a garment. It is a tool that ensures transparency and legal compliance but also a strategic asset for communicating brand values, differentiating products, and fostering customer loyalty. While regulations impose precise obligations regarding composition and product safety, voluntary labeling offers brands an opportunity to stand out through quality certifications, sustainability messaging, and corporate storytelling.

Brands that embrace transparent, strategic, and effective labeling will gain a stronger foothold in an increasingly discerning and sustainability-focused market. As consumer awareness grows and regulatory frameworks evolve, integrating digital solutions, sustainability metrics, and ethical storytelling into fashion labels will be key differentiators in the competitive landscape.

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.

Early Life and Education

Born on May 8, 1961, in Srinagar, Jammu and Kashmir, Rohit Bal hailed from a Kashmiri Pandit family. He completed his schooling at Burn Hall School in Srinagar and later graduated with a degree in History from St. Stephen’s College, Delhi. Bal further honed his design skills at the National Institute of Fashion Technology (NIFT) in Delhi, laying the foundation for his illustrious career.

Career Milestones

Bal began his career in 1986 by co-founding Orchid Oversea Pvt. Ltd. with his brother. In 1990, he launched his first independent collection, marking his entry into the fashion world. His designs, characterized by intricate embroidery and rich fabrics, drew inspiration from Indian history, mythology, and folklore. Bal’s work gained international acclaim, with celebrities like Uma Thurman, Cindy Crawford, and Naomi Campbell donning his creations.

Legacy

Bal’s journey in fashion began in 1990 with the launch of his eponymous label. Over the years, he became renowned for his meticulous attention to detail and the ability to narrate stories through his designs. Drawing inspiration from history, mythology, and folklore, Bal’s creations are sought after by discerning collectors worldwide.

His commitment to preserving and promoting Indian textiles and craftsmanship was evident in his extensive use of traditional fabrics like muslin and khadi. Bal’s designs often featured intricate embroidery and motifs inspired by the Mughal and Gupta periods, reflecting a deep appreciation for India’s rich cultural heritage.

Signature Style

Rohit Bal’s signature style is a testament to his artistic vision and dedication to excellence. Key elements include:

• Floral and Peacock Motifs: Bal frequently incorporated lotus and peacock motifs into his designs, symbolizing purity and beauty. These elements added a distinctive Indian touch to his creations.
• Luxurious Fabrics: He favored rich fabrics such as velvet, silk, and brocade, enhancing the opulence of his garments. The use of these materials contributed to the regal aesthetic of his collections.
• Intricate Embroidery: Bal’s designs were adorned with detailed embroidery, showcasing the skill of Indian artisans. This craftsmanship added depth and texture to his pieces.
• Fusion of Traditional and Modern Elements: He masterfully blended traditional Indian silhouettes with contemporary cuts, appealing to a global audience while staying true to his roots.

Notable Collections

One of Bal’s acclaimed collections, “Gulbagh,” showcased at the Wills India Fashion Week in 2014, was inspired by the Mughal era. The collection featured intricate floral patterns and luxurious fabrics, embodying the grandeur of Mughal aesthetics.

Global Recognition

Bal’s creations have graced international runways and adorned celebrities worldwide, including Naomi Campbell, Cindy Crawford, and Uma Thurman. His ability to infuse Indian elements into globally appealing designs earned him a prominent place in the international fashion arena.

Health Challenges

In November 2023, Bal faced significant health challenges, including a heart condition that led to his hospitalization. Despite these challenges, he remained a resilient figure in the fashion industry.

Conclusion

Rohit Bal’s journey from Srinagar to becoming a global fashion icon is a testament to his talent and dedication. His work not only elevated Indian fashion but also showcased the richness of Indian culture to the world. Rohit Bal’s legacy is a celebration of India’s rich cultural heritage and its seamless integration into contemporary fashion. His signature style, characterized by luxurious fabrics, intricate embroidery, and traditional motifs, continues to inspire designers and fashion enthusiasts globally. Bal’s work stands as a testament to the timeless elegance and versatility of Indian craftsmanship. As we remember him, his creations remain a source of inspiration and a benchmark for excellence in fashion design.

References:

• Rohit Bal – Wikipedia
• Rohit Bal Age, Wife, Family, Biography & More » StarsUnfolded
• India’s Answer to New Age Indian Fashion: Rohit Bal – Utsavpedia
• Fashion designer Rohit Bal critical, on ventilator at Medanta hospital: Sources | Fashion Trends – Hindustan Times

Since the dawn of time, or at least from the era when people started living together, any kind of communication – that for a long time coincided just with the oral – may lead to consequences for the person that formulates the communication. As the saying goes “Speak with caution” reminds us of the consequences of our communications which might be dangerous (in this regard, even in the Holy Bible, there are sentences that recall the relevance of words in achieving honour but which can also be dangerous (Proverbs 18:21)

From a legal perspective, from the beginning, caution in speaking may have been necessary to avoid offending the goddesses, their (believed) representatives and the authorities (who – in most cases – coincided with the gods’ representatives).

Therefore, we can argue that for centuries, caution in communication has been imposed by the need to avoid any offence to the person to whom or about whom the communication is made. Then the protection of people’s dignity was extended step by step to others until it involved the concepts of homeland, protecting its symbols (such as the flag) and institutions.

Notwithstanding the above, as for many rules, caution in speaking has also had its accepted derogations. Without considering the (limited) freedom of court jesters to address kings and poor people during certain periods such as carnival, legal scholars since ancient Rome identified the concept of “dolus bonus” (i.e. wilful misconduct that is acceptable because it may be easily recognized by those who may be affected by it) for the language and communications used by the sellers to emphasize their goods.

Even today, in the fruit and vegetable markets of the Mediterranean and Middle East regions you may hear many shopkeepers claiming that they are selling the tastiest fruits in the world even when their flavour is fading like the light of the setting sun.

But, as the economy has evolved, the need for greater equity in communications has increased. The field is broad and ranges from the marketing of industrial products to the solicitation of investments on the capital markets.

Limiting our analysis to advertising, the evolution of the means that may be used has increased the relevance of the legal aspect.

In fact, through mass media and social networks, advertising may have powerful effects on trends and even moods, companies have therefore felt an impelling and growing need to guarantee protection for consumers and competitors.

Regulation of communication in the advertising sector was then introduced, considering the effect that a misleading message can cause as a violation of fair competition as well as consumer protection, the attention to be paid to communication has taken a step forward compared to a long time ago.

Perhaps one of the most significant steps was the adoption of rules aimed at regulating advertising messages when they are based on comparison with products made by competitors (so-called “comparative marketing”) when various jurisdictions began to require proof of any declaration when a product was established as being better than others: so, if a brand states that its soap washes better than others, it must demonstrate, in a scientific manner, that the statement is true. The demonstration request is a milestone that will influence the current ongoing legislation.

In this path towards fair communication, new regulations imposed in the European Union are increasing the focus on marketing communications more broadly.

Fashion marketing is not exempt from this evolution.

In fact, the fashion industry, with the messages it intends to convey, often at a subliminal level, is obviously one of the sectors on which these new rules will have an impact as its marketing seeks to speak to our emotions and our desires, which is untouchable and, as such, more subject to distortions.

Here are some preliminary considerations on how the legal framework in Europe is changing.

Marketing in the fashion industry

What determines the content of a fashion ad? The aesthetics of the brand, its values, one might say. Correct, yet incomplete.

Fashion marketing plans the best product marketing strategies and seeks to understand the needs of the consumers to create a narrative that engages, excites and, above all, builds customer loyalty.

However, this narrative is anything but free due to an unsuspected mind: the law.

Thus, today, brands are required not only to rethink the sustainability of their products and production models, but also to effectively convey these endemic changes while navigating regulatory complexities.

Legislators are in fact redefining the business model of the sector in an attempt to create a new fashion paradigm in which the production-sales binomial meets the concepts of quality, conscious design, transparency and recycling.

This ambitious shift is particularly visible in the EU sustainability agenda.

Communicative authenticity and transparency on sustainability have been entrusted to two directives that extend beyond the EU borders and require compliance by any company that makes environmental declarations to EU consumers. The Empo Directive has a dual purpose: first, to limit misleading or generic environmental claims without data proving “excellent recognised environmental performance”; second, to establish harmonised EU sustainability labels based on a certification scheme or established by public authorities. The Empo Directive will be complemented by the Green Claims Directive that, in its current formulation, introduces further measures – such as third-party verification of green claims before publication or displacement – to strengthen consumer rights by subjecting traders to greater scrutiny of environmental claims made by manufacturers about their business and products.

These directives are part of a broader quest for transparency in environmental statements, already addressed by the CSR Directive and the CSDD Directive, two complementary pieces of legislation that prioritise accountability and transparency as key factors in forcing companies to manage wisely their social and environmental impacts.

Another recurring theme – one that will undoubtedly cause repeated headaches for marketing departments – is eco-design.

Attention to eco-design has a direct impact on product communication and, consequently, on finding a deeper emotional connection with the user base. This research, however, will be constrained by both the discipline of green statements and the strict rules of sustainable design.

Indeed, the ESPR Regulation, formally adopted on May 27, introduces a new premise into the sustainability equation, requiring the environmental impact of a product to be considered from the design stage. The Regulation not only establishes eco-design requirements that products must comply with to improve their overall environment performance – while banishing the inglorious habit of destroying of unsold items – but also obliges manufacturers to provide products with a digital passport containing information on materials, production, maintenance and repairability.

On this latter note, the Parliament adopted the Directive on the Right to Repair, aimed at complementing both the ESPR Regulation and the Empo Directive. In particular, the R2R Directive will require sellers to prioritise repairs within and beyond the warranty period and to provide harmonised information on reparability, promoting product longevity and sustainable consumption patterns. Although the Directive does not yet apply to fashion products, these are likely to be included in the future as the range of covered products expands.

The Commission has also scheduled an amendment of the Textile Labelling Regulation for the fourth quarter of 2024 and has sealed this commitment by launching a public stakeholder consultation to gather evidence on the functioning of the current Regulation which could potentially be useful in the revision process. Once again, the intention is to create synergy with the regulatory context by introducing specifications for the physical and digital labelling of textiles, including sustainability and circularity parameters, based on the requirements of the ESPR Regulation.

From Haute Couture to Haute Compliance: the French example

The EU’s regulatory fervour is more than evident, but fashion is a political fact and, as such, reflects the sensitivity of legislators with evident territorial asymmetries.

It is no surprise that France – where fashion is a real affaire d’état – has already developed progressive legislation that has often taken a stand against fast fashion, targeting consumer awareness and corporate responsibility.

The Fast Fashion Bill, approved by the French National Assembly in March 2024, clearly exemplifies this trend. As a result, starting from 2025, fast fashion manufacturers will be obliged to comply with some key provisions. First, they will be required to prominently display messages – the content of which will be specified by law and placed close to pricing information – on their online platforms to increase consumer awareness of the impacts of rapid turnover of clothing and accessories. The law will also prohibit direct or indirect advertising of fast fashion products, including any partnerships with influencers promoting fast fashion brands or items, and will introduce a “sin” tax on each product. Specifically, the tax aims to weaken the attractiveness of the product by increasing its price and channel the revenue generated to support companies committed to sustainability, thus rebalancing the competition in the textile market between fast fashion players and supporters of circular economy models.

However, the Fast Fashion Bill is only the latest weapon in the arsenal of the French legislator.

France’s journey towards circular economy legislation in the textile sector started in 2007 with the French Environmental Code, launching the first EPR scheme, then amended in 2022 with the AGEC Law to promote a sustainable textile sector by setting ambitious waste diversion targets to promote eco-design, expanded collection, funded collection sorting and encouraged reuse, repair, and recycling.

In terms of corporate responsibility, France has anticipated the EU institutions by adopting the Duty of Vigilance Law, which obliges companies exceeding certain size thresholds, irrespective of whether they are based in France, to adopt and implement an annual vigilance plan – ranging from the assessment of supply chains, subsidiaries and subcontractors to risk mapping and data collection on environmental and human rights risks – backed by fines and reputational damages.

The regulatory framework is further strengthened by Decree No. 2022-748 which ensures the transparency and accuracy of information on the environmental performance of consumer products – including textiles – by requiring manufacturers, importers and distributors to disclose details on characteristics such as recyclability and the presence of hazardous substances.

If fashion is on track to become a highly regulated industry, the intersection between fashion marketing and the law will inevitably become more complex as sustainability becomes a core focus. The evolving regulatory landscape requires innovation not only in product research and development, but also in communication strategies. If fashion marketing has traditionally been responsible for communicating brand heritage, marketing departments will now be charged with the much more delicate task of positioning brands in the market as champions of sustainability. Of course, unlike in the past, the alleged sustainability will have to pass legal scrutiny, with the risk not only of inevitable legal consequences but also of irreparable damage to brand reputation and competitiveness.

What’s next?

Step by step, fashion operators and consumers are becoming increasingly aware of the impact of their actions on the environment and society.

The increase in regulations is positive to the extent that it can lead to paving the way towards a sustainable industry and indicate the proper paths for sustainable development.

This change could create a virtuous path to be followed also by other industries.

But a risk is given by an application of rules that could be too formal, based on certifications and compliance with agreed procedures, so that ineffectively the legal framework, limited by a formal approach, can become a sort of umbrella under which everything is possible even against common sense.

About Authors:

Mario Di Giulio: Visiting Lecturer (Fashion and Ethics) and Member of the Scientific Committee of the Master in Fashion Law (LUISS University in Rome)

Giulia Tuccio: LLM in Fashion Law (LUISS University in Rome)

]]> https://fashionlawjournal.com/beyond-the-label-unraveling-the-threads-of-law-and-fashion-marketing/feed/ 0 https://fashionlawjournal.com/why-indian-models-deserve-performers-rights/ https://fashionlawjournal.com/why-indian-models-deserve-performers-rights/#respond Sun, 13 Oct 2024 04:03:37 +0000 https://fashionlawjournal.com/?p=8846 Despite their pivotal role, runway models often face marginalization within legal systems designed to safeguard creative professionals.

This article explores the potential for extending performers’ rights to runway models in India, drawing on an international precedent and the specificities of the Indian legal context. While performers’ rights laws in many countries protect a wide array of creatives, including musicians and actors, India’s legal framework does not explicitly include runway models in this category. This omission leaves models susceptible to exploitation and limits their control over their performances and images.

The Case for Performers’ Rights

Performers’ rights in India are governed by the Copyright Act, 1957, which grants artists economic and moral rights over their performances. These rights include control over the recording, broadcasting, and reproduction of their performances, as well as protection against unauthorized alterations​. Extending these rights to runway models could ensure they receive fair remuneration and recognition for their contributions to fashion shows.

The Ashby Case and International Precedents

The Ashby case in the UK serves as a pivotal precedent. In this case, the European Court of Human Rights recognized fashion shows as copyrightable works, opening the door for runway models to be treated as performers under intellectual property law. The court acknowledged the creative effort involved in fashion shows, including choreography, lighting, and dramatic presentation, which parallels performances in other protected artistic domains​​.

The significance of the Ashby case lies in its broader implications for performers’ rights. By recognizing fashion shows as copyright works, the court effectively acknowledged that the models participating in these shows contribute significantly to the performance. This recognition is crucial as it sets a legal precedent that could be emulated in other jurisdictions, including India.

Challenges in the Indian Context

In India, the legal context currently does not explicitly recognize runway models as performers. The Designs Act, 2000, and the Copyright Act, 1957, provide protections for designs and performances, but they do not specifically cover the unique role played by runway models. Moreover, the bureaucratic hurdles and lack of awareness among smaller fashion houses further complicate the protection of models’ rights.

The Indian fashion industry faces several unique challenges that impact the protection of models’ rights. These include:

Lack of Awareness: Many designers and models are not fully aware of their rights under existing IP laws. This lack of awareness often leads to exploitation and inadequate protection of their creative contributions​.

Limited Enforcement: Even when rights are recognized, enforcing them can be challenging. The prevalence of counterfeit goods and unauthorized reproductions of fashion designs undermines the legal protections available to models and designers​.

Proposed Legal Reforms

To extend performers’ rights to runway models in India, several reforms could be implemented:

Amend the Copyright Act: Explicitly include runway models under the definition of performers. This would align with international treaties like the Rome Convention and the WIPO Performance and Phonogram Treaty, to which India is a signatory​.

Increase Awareness and Training: Conduct targeted campaigns and training programs to educate models and designers about their rights under IP law. This empowerment is crucial for the enforcement of these rights. Training programs could be conducted by industry associations, legal experts, and government bodies to ensure that all stakeholders are aware of their rights and how to protect them​.

Strengthen Enforcement Mechanisms: Implement stringent measures against infringement of models’ rights, including counterfeiting and unauthorized use of their performances in fashion shows. This could involve increasing penalties for infringement, enhancing monitoring and enforcement mechanisms, and providing models with the tools and support they need to defend their rights in court​.

The Role of Models’ Unions and Associations

An important step towards ensuring the protection of runway models is the formation and strengthening of models’ unions and associations. These organizations can play a crucial role in advocating for models’ rights, providing legal support, and negotiating fair contracts on behalf of their members. In the UK, the Equity union has been instrumental in advocating for better working conditions and rights for models​​.

In India, models’ unions can similarly work towards ensuring that models are not exploited and that their contributions are adequately recognized and compensated. Such organizations can also provide a platform for models to voice their concerns and seek redressal for grievances related to their professional engagements.

Global Influence and the Need for Alignment

As the Indian fashion industry gains global recognition, it becomes increasingly important to align local laws with international standards. The fashion industry operates on a global scale, with Indian designers and models participating in international fashion weeks and collaborations. Aligning Indian IP laws with international standards will ensure that Indian models and designers are adequately protected when they work abroad.

International alignment also helps attract foreign investment and collaborations, as investors and partners can be confident that their IP rights will be protected in India. This can lead to increased opportunities for Indian models and designers to showcase their work on a global stage and benefit from international exposure.

Conclusion

Recognizing runway models as performers under Indian intellectual property law is essential for ensuring their fair treatment and remuneration. International precedents, such as the case where models were granted performers’ rights in the UK, provide guidance on how policymakers can adapt similar principles to the Indian context. This would create a more inclusive and equitable environment for all stakeholders in the fashion industry. This move will not only protect the rights of models but also enhance the overall integrity and sustainability of the Indian fashion sector.

Implementing such reforms requires a concerted effort from policymakers, fashion designers, event organizers, model agencies, and legal professionals. By working together, they can create a legal framework that supports the growth of the fashion industry while protecting the rights and interests of those who contribute to its success.

Fashion brands can increase their visibility and establish strong relationships with customers by properly managing their online presence and complying with legal norms. This article discusses the ways for fashion brands to improve their existence on the internet while remaining legally compliant.

The Importance of a Strong Social Media Following for Fashion Brands

For fashion brands that are looking to boost their online presence, having a big following on social media is extremely important. Social media platforms are powerful tools for making connections with possible customers and forming brand loyalty. If a brand page on social media has many active followers, it can boost a brand’s reach beyond measure, bring more people to its website, and boost sales numbers.

TikTok stands out among social media networks by becoming increasingly influential with younger audiences who engage with its short-form video content. TikTok’s algorithm promotes posts that resonate with users, making this platform invaluable to fashion brands looking to showcase their products to reach wider audiences and grow organically on TikTok. Companies aiming for organic TikTok growth may benefit from hiring social media growth agencies. These experts use organic methods to increase brand visibility and engagement on TikTok platforms to reach target audiences more efficiently.

By collaborating with social media growth agencies, fashion brands have a chance to improve their presence on TikTok, pull in more followers, and build up a loyal customer base. This methodical plan for social media expansion not only elevates the brand’s visibility but also makes certain it stays prominent and competitive within the quick-moving world of the fashion industry.

Ensuring Compliance With Advertising Regulations

As fashion brands expand their online presence, adhering to advertising regulations is crucial in order to avoid legal complications. Different countries have different rules regarding online ads relating to truthfulness, disclosures, and endorsements. For instance, in the United States, the Federal Trade Commission requires sponsored content and influencer partnerships to be clearly disclosed while similar requirements exist elsewhere such as European Union rules on transparent advertising. And it is exactly influencers that have a massive impact on purchasing decisions, as noted by research showing that 69% of consumers trust influencers before making a purchase.

Fashion brands must ensure that their online advertisements are honest and truthful, accurately representing products while avoiding exaggerated claims. Compliance with disclosure requirements is also important. For instance, if companies pay influencers to promote their products, they must ensure these influencers disclose clearly their relationship to it. Failure to do so could incur fines as well as damage their brand image.

Protecting Intellectual Property Online

Another important part of boosting online visibility without breaking the law is to protect intellectual property (IP). Fashion companies pour a lot of funds into making special designs, symbols and branding features. It’s crucial for them to shield these assets from unapproved use, which helps in keeping an upper hand over competitors and halting fake reproductions.

Fashion brands must make efforts to register their trademarks and copyrights to acquire legal protection over their intellectual property. This encompasses the trademarking of logos, brand names, and unique designs as well as registering copyrights for original inventive content. Internet platforms usually possess systems to report IP violations. Therefore, brands need to vigilantly watch over their online presence and take necessary measures against any unapproved usage of their IP.

Moreover, it is crucial for fashion brands to teach their internet community the significance of honoring intellectual property rights. Transparent rules and warnings on web portals and social media accounts can assist in preventing violations while fostering appreciation towards the brand’s creations. By taking a proactive approach to safeguarding their IP rights as well as addressing any breaches promptly, these brands are able to maintain their reputation while ensuring that ownership over creative work stays with them.

The Wrap-Up

Creating a strong online presence and keeping it within the law can be a complex undertaking for fashion labels. Making sure to follow advertising rules and safeguarding intellectual property is very important for keeping a good brand image and preventing legal problems. If fashion brands use these strategies, they can manage the difficulties of the digital world well, create a strong presence online, and do well in this competitive industry of fashion.