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

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

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

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

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

Cultural Appropriation vs. Appreciation

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

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

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

Legal Protections for Traditional and Historical Designs

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

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

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

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

Bridging the Gap Between Glamour and Legal Responsibility

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

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

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

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

Concluding Remarks

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

Sources: 

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

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

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

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

[5] Supra note 1.

Author:

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

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

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

1. Understanding Trade Secrets in Fashion

Definition and Requirements

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

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

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

How Trade Secrets Differ from Other IP Protections

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

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

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

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

Examples of Trade Secrets in Fashion

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

III. Legal Framework Governing Trade Secrets

International Standards

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

Jurisdiction-Specific Laws

• United States

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

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

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

• European Union

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

• India & China

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Employee Mobility and Insider Threats

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

3. Cybersecurity Threats and Digital Theft

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

4. Litigation vs. Confidentiality

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

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

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

2. Technological Safeguards

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

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

VII. The Future of Trade Secret Protection in Fashion

1. AI and Digital Fashion

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

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

2. Alternative Dispute Resolution (ADR)

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

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

3. Legislative Trends

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

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

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

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

VIII. Conclusion

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

References & Citations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Author:

Bio:

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

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

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

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

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

LEGAL FRAMEWORK GOVERNING INFLUENCER MARKETING

1. Endorsement Guidelines for Celebrities and Social Media Influencers

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

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

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

2. Consumer Protection Act, 2019

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

KEY PROVISIONS:

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

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

5. Advertising standards council of India (ASCI)

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

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

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

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

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

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

THE GREY AREAS OF INFLUENCER MARKETING REGULATIONS

Lack of awareness: many influencers are unaware of legal obligations

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

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

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

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

Misconception About Accountability:

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

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

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

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

CASE LAWS ON MISLEADING ADVERTISEMENTS AND INFLUENCER ACCOUNTABILITY

Patanjali Ayurveda Ltd. v. ASCI

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

Marico Ltd. v. Abhijeet Bhansali

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

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

CONCLUSION

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

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

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

Sources:

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

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

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

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

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

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

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

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

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

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

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

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

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

Author:

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

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

Legal Complexities of Customisation in Luxury Goods

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

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

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

Case Law Analysis: Customisation and IP Protection

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

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

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

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

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

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

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

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

Balancing Consumer Rights and Brand Protection

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

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

Emerging Trends and Legal Challenges in Digital Customisation

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

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

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

Brand Protection Strategies

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

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

Conclusion

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

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

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

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

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

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

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

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

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

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

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

Exploring Material Choices

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

Assessing Longevity

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

Allergies and Skin Sensitivity

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

Delving into the Beauty of Aesthetics 

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

Financial Constraints

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

Finding Trustworthy Jewelers

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

Individualizing Services to Suit Your Needs

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

Maintenance and Care

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

In Summary

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

The resale industry has noticed an uprise in recent years. Companies like Rites, The RealReal, By Rotation and more have recorded soaring sales figures. This industry has not only made clothing a more accessible venture for consumers but also prompted renowned corporations and fashion houses to incorporate a resale approach to their existing business Models. Brands like Zara and Levi, with programs like ClothesCollectionProgram and Levi’s SecondHand respectively, have garnered consumer acceptance.

The circular flow of the fashion industry is an essential concept under implementation globally.

Initially, clothes were produced and purchased once found a home in the dump yards. With the phenomenon of the circular solutions, the lifecycle of a product has been extended, providing for new and various individuals to utilise a particular product.

The primary business model of such companies is twofold. Organisations collect clothing from initial owners through either “donations” or a paid module of acquisition, after which the articles usually undergo inspections and refurbishing to prepare them to be sold on the market.

The primary factors attributed to its growth are consumer acceptance and environmental consciousness. Consumers, with the advent of social media, view second hand items positively, with several trends about thrifting vintage items surfacing. The general audience has lesser disposable income, perhaps due to financial consciousness or owing to inflationary pressures, and are more likely to opt for cost-effective methods of purchasing quality items. Vintage items, depending upon the platform purchased through, are significantly less costly than their first-hand counterparts. Hence, Consumers craving a sense of luxury formulate the primary target audience for these companies.

The sustainability angle adds another dimension to this market. Green consumerism and environmental consciousness have led to the rise of “pre-loved” items. Consumers, under the guise of ethical consumption, have reciprocated to the thrifting culture, so much so that the resale industry has threatened original designers. In a bid to reduce wasteful consumption and facilitate optimum utilization of existing clothes, resale platforms have gained popularity.

According to The United Nations Environment Program, the fashion industry generates more emissions than all international flights and maritime activities combined. This is a testament to the fact that excess supply, mass production and fast fashion have a detrimental impact on the environment. Consumers, taking cognizance of this fact are undertaking a conscious effort towards refurbishing owned items. Forecasts suggest the market to be worth USD 125.18 billion by 2034, a steady growth as compared to USD 43.49 billion in 2024.

Despite the many advantages for consumers and the planet, resale platforms are not shy of lawsuits and claims of copyright infringement.

The renowned legal battle between Chanel and What Goes Around Comes Around is a testament to this. The revered corporation claimed the resale platform of selling counterfeit Chanel goods, with false advertisements and misleading claims, leading customers to believe that the two companies acted out of a place of partnership.

The jury in this case delivered a unanimous verdict in Chanel’s favour and ordered What Goes Around Comes Around to lay statutory damages.

Nike, the renowned athletic wear brand, sued StockX, a reseller, for their taglines of “Always authentic never fake” and “100% authentic”. Nike discovered 77 pairs of counterfeit shoes in the reseller’s inventory.

Although the dispute is still ongoing, such claims from companies give rise to 2 primary issues in this industry- copyright infringement and counterfeit products.

In the United States of America, the “First Sale Doctrine” is followed, wherein trademarked products are permitted to be sold after being placed in the market. This doctrine safeguards resale platforms from goodwill-depleting claims. An exception to this is a material distinction between the original product and the resale version. In such instances, the resellers are not immune from legal repercussions.

Such a scenario was noticed in the case of Chanel vs. The RealReal, where claims of trademark infringement were made by the luxury brand against the resale platform. The doctrine of first sale was accepted as a defence against the potential violations of The Lanham Act, the federal law governing trademarks in the United States of America. Hence, reselling is not considered violative of existing trademarks, with utmost adherence to the ethical and legal aspects.

Counterfeit goods are yet a prominent issue in this industry. Dubious companies fraudulently indulge in supplying counterfeit products to consumers, creating distrust and a lack of transparency between consumers and corporations. To tackle this issue, companies like The RealReal cite expert authentication reviews of products received, along with a rating of its true and fair conditions to build trust and reliability.

Along with this, fashion houses have taken the protective measures a notch above.

Brands like Gucci have collaborated with Vestiaire to authenticate items traded in, to ensure eradication of counterfeit products, especially those with the Gucci label. Consumers, to shield themselves from the threats of fraud, must purchase second-hand items through familiar and recommended platforms, preferably those with brand affiliations, authenticity certificates or expert analysis.

The resale industry has been a saving grace, in terms of minimising environmental impact and pushing a large sect of the audience towards responsible purchases, whilst reducing waste generation and promoting the refurbishing culture.

Consumers and corporations alike have the opportunity to strengthen the circular model of the fashion industry, as well as to upcycle items, for achieving the 3 P’s of business- People, Planet and Profit.

Sources- 

1. Fashion Resale Market: Trends, Growth, and the Future of Sustainable Retail: https://www.salsify.com/blog/fashion-resale-market-101
2. Part 1: How Thrift and Consignment Stores Started The Resale Revolution: https://www.joinbeni.com/out-with-the-new/how-thrift-and-consignment-stores-started-the-resale-revolution
3. Secondhand Apparel Market Growth – Trends & Forecast 2024-2034: https://www.futuremarketinsights.com/reports/secondhand-apparel-market
4. Luxury brands are teaming up with resale platforms. Can we expect a resale boom?: https://www.thedrum.com/opinion/2024/05/30/luxury-brands-are-teaming-up-with-resale-platforms-can-we-expect-resale-boom
5. In Search of Authenticity: Battling Counterfeit Culture in the Fashion Resale Industry: https://greenisthenewblack.com/battling-counterfeit-culture-in-the-resale-industry/
6. Top Ten Lawsuits under Fashion Law: https://www.yourlegalcareercoach.com/top-10-lawsuits-under-fashion-law/
7. The State of the Circular Economy in the Fashion Industry: https://www.reconomy.com/2024/09/03/the-state-of-the-circular-economy-in-the-fashion-industry/
8. Implications of Chanel v. WGACA for luxury resale market: https://trademarklawyermagazine.com/implications-of-chanel-v-wgaca-for-luxury-resale-market/

Author(s):

Meet Kanishka Chawla, an academically driven student at NMIMS School of Law, Mumbai. Kanishka strives for excellence in every field she is working in and overcomes challenges by providing pragmatic solutions. Enthusiastic about fashion, Kanishka brings a legal perspective to a creatively fuelled industry.

The awakenings of the alchemists, the maddening mystique of crows, the bewildering illusions of smoke, the transcendence of technology, the mirage of myriad sensory perceptions, the metaphorical splash of water,  and above all the tete-a-tete between the cosmos and its infinitesimal particle- Iris’s eye sees it all. Born in Warmel, Netherlands, the Dutch fashion designer, Iris Van Herpen, discovered the celestial constellation of materials, movements, shapes, and forms in her grandmother’s attic archives. Trained in classical ballet, her pursuit of perfection fetches inspiration from unveiling the forces dancing behind movements and the fragility of philosophical consciousness underlying fluidity. Van Herpen’s avant-garde universe consolidated during her formal years of education at the ArtEZ Institute of the Arts in Arnhem, following which she interned at the coveted Alexander McQueen, London[1].

The Ingenious Insignia

Nestled in the Groninger Museum, Netherlands, is ‘Chemical Crows,’[2] an eccentricity of dexterously layered yards of yarn that appears to be in motion. Concocting the penchant of crows and the transmogrification of alchemists, ‘Chemical Crows,’2008 was Iris’s debut on the futuristic take on couture. Van Herpen’s creations range from the ethereal vision of refinery smoke woven into a halo of shifting colors—from silver grey to rust—and transforming pleats, particles, and patterns into an elegant runway display in 2009. In ‘Synesthesia’ (2010), she molded human anatomy into a heightened sensory experience using leather with metal foil, empowering the wearer with a 360-degree sensory awareness. Van Herpen’s work celebrates the intricate connection between all forms of nature. Her devotion to imagining an intersection of interdisciplinary ingenuity birthed ‘Crystallization,’ 20102 which marked expanding territories into the realm of crafting couture for the future. Enamored by the dynamism of water, the design was painstakingly created using humble pliers and Plexiglas2 to elude the viewers’ minds into believing the dress to be a product of a meticulous industrial process.

Eternal Impressions

With an undying and effortless commitment to fashion the future with boundary-breaking designs and an ecstatic focus on symbiotic relationships between the organic chaos of elemental divinity, her rise to being undeniable was embedded in the collaboration with architect Daniel Widrig[3] which sculpted the first ever 3D printed garment to grace the runway marveling the metamorphism of the limestone. The Maison of Iris Van Herpen believes in venturing into the lesser-explored avenues of kinetics, cymatics and synchronicities and stitching a dialectic garment of the forces surrounding us. Van Herpen’s extravagant adventure in bio mimicry crowns her designs as befitting all eras and times.

Legal Motif and Motivation
Iris Van Herpen’s work exemplifies the challenges and opportunities of protecting cutting-edge fashion in a rapidly evolving world. The introduction of 3D printing, material innovation, and bio-inspired designs has led to genuine concerns in the realm of fashion law. Van Herpen’s collaboration with architect Daniel Widrig in creating the first-ever 3D-printed garment to grace the runway in 2011 raises key questions regarding intellectual property protection. Is it possible to patent a design that is largely based on technological processes? Does the industrial design of 3D-printed garments qualify for patent protection, or does it fall under fashion’s traditional copyright laws?

Fashion brands and designers are increasingly relying on intellectual property protections, such as patents, copyrights, and trademarks, to safeguard their innovations. For example, the novel process of 3D printing may be patentable, but the design itself—such as the aesthetic choice of form, the nuances of the shape—might be eligible for copyright. This dual protection strategy ensures that designers like Van Herpen control the commercial use of their work while igniting the development of new and more sustainable technologies in fashion.

Collaborations, Consciousness and Couture

‘Capriole,’ 2011[4], premiered the designer’s vision in Paris as a guest member of the elite Chambre Syndicale de la Haute Couture. A leap in the air, concentrated in the dress shown through the diffusion of energy from the mind to the body is a phenomenal take on a free-fall parachute jump. Shattering the traditional norms of ‘being handmade,’ the snake dress takes fascinating inspirations from the works of architect Michael Hansmeyer, with acrylic sheets encircling the wearer in serpentine symbolisms. Through the windows of the next decade, Van Herpen writes an extraordinary soliloquy of nature through her designs that nurtured the proximity of microorganisms with the human skin drawing from the magnificent observational photography of Steve Gschmeissner and crafting a stunning, chronologically evolutionary and intrinsically sculptured spectacle. A thrilling take on couture, styled Iris’s ‘Voltage’4 line, in 2013, evoked an eclectic, dangerously beautiful and enchantingly risky aura of electricity, fostered by inspirations and collaborations with Carlos Van Camp. Collaborations with Philip Beesly[5] solemnized the vows between the energies of the environment. The duo envisaged and executed an exciting range of 3D fabrics that reciprocate the wearer’s flow and movement. Throughout Van Herpen’s vividly imaginative thought chain, sustainability has turned out an epoch to be achieved and a manifesto to be adhered to. A betrothal of sustainability to technology forms the epitome of the brand’s pioneering perspective on fashion. With Van Herpen as the monarch of fashioning for the future and fashioning the future, the promise of designing the divine supremacy of nature and its manifestation in the human body in the form of etching, scarification and surgery comes naturally as witnessed in the ‘Wilderness Embodied’ range of 2013. Using magnetism to orchestrate attraction and repulsion, Van Herpen and Van Der Wiel4 created dresses to showcase the unending parley between nature and nurture.

The Cosmic Charisma

 Her rise from an admirer of the world to a creator of a world has been displayed in the prestigious Metropolitan Museum of Art, in New York and the Victoria and Albert Museum in London amongst several other distinguished places. The cross-thematic atelier celebrates women’s empowerment by curating bespoke designs for its cosmopolitan clientele and leading ladies like Beyonce, Gigi Hadid, Scarlett Johannson, Lady Gaga, Cate Blanchett, and Jennifer Lopez[6]. The divine feminine is woven intricately into the fabric of unconventional and powerful expression. The Maison’s quintessential approach to innovation, invention and creation has questioned the .archetypal orbit of fashion and paved the way for an organically communicative, mutually symbiotic and trans-disciplinarian ambit of haute couture of the 21st Century for centuries to come.

Through the Kaleidoscope

A consummation between fashion and architecture leads to the genesis of designs that surpass time and trends. On May 6th, 2024, the world celebrated yet another sublimely sewn garment worn by the burgeoning entrepreneur Mona Patel making an appearance on the Met Carpet. The dress ‘Apsara’[7] was an ode to the timelessness of nature, a breathtaking specimen to be theoretically condensed and an exalted justice to the theme. As kinetic butterflies fluttered their pink-dusted wings edifying the collaboration between the Maison of Van Herpen and kinetic sculptor Casey Curan, the pink-hued dress exuded a golden glow, sweeping the carpet with a tail of layered textiles like an ethereal rabble of butterflies. Through her expressive designing orientation, the viewer encompasses amplified awareness of the substance of fashion and the wearer experiences the continuous inception of life through the elixir of inspirational creativity.  Iris Van Herpen is a world in herself, a force of nature, beckoning aspiring designers to collaborate cohesively for a cosmic chasse directed towards infusing the soul into fashion, fashion into nature and nature into the celestial celebration of existence.

[1] “Iris van Herpen: Futura Couture,” Nowness ,https://www.nowness.com/story/iris-van-herpen-futura-couture (accessed May 17, 2024).

[2] “How Iris van Herpen Transformed Fashion,” Google Arts & Culture https://artsandculture.google.com/story/how-iris-van-herpen-transformed-fashion/MAVhbe0AS9KOLQ (accessed May 18, 2024).

[3] “Iris van Herpen, IVH Crystallization” Iris van Herpen ,https://www.irisvanherpen.com/DOCS/IVH-Crystallization.pdf (accessed May 18, 2024).

[4] “How Iris van Herpen Transformed Fashion,” Google Arts & Culture https://artsandculture.google.com/story/how-iris-van-herpen-transformed-fashion/MAVhbe0AS9KOLQ (accessed May 18, 2024).

[5] “Philip Beesley and Iris van Herpen,” University of Michigan Stamps School of Art & Design (italicized), https://stamps.umich.edu/events/philip-beesley-and-iris-van-herpen (accessed May 18, 2024).

[6] The Maison,” Iris van Herpen, https://www.irisvanherpen.com/about/the-maison (accessed May 18, 2024).

[7] “This entrepreneur was actually the best-dressed person on the 2024 Met Gala red carpet,” Business Insider, https://www.businessinsider.in/entertainment/news/this-entrepreneur-was-actually-the-best-dressed-person-on-the-2024-met-gala-red-carpet/articleshow/109934131.cms (accessed May 18, 2024).

Author Name: Aastha Kastiya 

Susie Lau 

Susie Lau is a fashion blogger based in London. In January 2011, she founded Style Bubble, which discusses her personal experience with fashion and raises awareness of young and unheard talent in the fashion world. She now regularly posts on her Instagram that has 699,000 followers covering fashion weeks around the world, keeping her audience updated with the creative directors of luxury brands at events she attends. She  is also the current Digital Editorial Director at System Magazine. 

Via Instagram @susiebubble

Leonie Hanne

Starting as a strategy consultant, Leonie Hanne focuses on travel and fashion content with frequent updates on style inspiration for different occasions. She has done viral projects for Louis Vuitton, a campaign photoshoot for Fendi, and an Instagram takeover on Dior. Her Instagram has 4.8 million followers, and her TikTok has 1.7 million followers, which makes her one of the most followed fashion influencers in the world. 

Via Instagram @leoniehanne

Masoom Minawala Mehta

Masoom Minawala Mehta created #SupportIndianDesigners, a non-profit initiative that supports Indian designers has over 600,000 posts. She raises global recognition for Indian fashion through her content, walked the Cannes Festival Red Carpet, and is a UN Women India Generation Equality Ally. Her Instagram has 1.3 million followers, and her YouTube has 51.9k subscribers. 

Via Instagram @masoomminawala

Yoyo Cao

Yoyo Cao is a fashion influencer from Singapore, with style that’s truly chic and modern, bringing together high fashion and everyday wear. She brought global fashion attention to Singapore. She has collaborated with high-end brands, fronted international fashion magazines, and built an international following through the curated content on Instagram with 501,000 followers and innovative designs she produces under her label, Exhibit.

Via Instagram @yoyokulala

Nicole Warne Shadbolt

Starting out as an Australian fashion blogger, Nicole Warne Shadbolt built her empire with her brand known as Gary Pepper Girl. She is known for selling vintage threads and curating her colorful feminine style. Balancing motherhood and fashion in NYC, she won Marie Claire’s Woman of the Year award in 2024 and BOSS’s #BeYourOwnBoss campaign. Her Instagram has 2.3 million followers and her Facebook has 353,000 followers. 

Via Instagram @nicolewarne

Tamu McPherson

Tamu McPherson created All the Pretty Birds from observing street style in Milan during the international fashion weeks. She has made style and beauty accessible and has provided this platform since 2008. She also calls on the fashion industry to stop working towards excluding underrepresented groups. Tamu’s Instagram has 529,000 followers, and her TikTok has 16.6k followers. 

Via Instagram @tamumcpherson

Alyssa Coscarelli

Alyssa Coscarelli is a digital fashion entrepreneur who shares her passions for fashion and photography. Alyssa’s Instagram has 325,000 followers, and she is the owner of Infinite, with which she has collaborated on projects that were limited-edition work from rising designers influenced by indie brands. Adding to her work on Instagram, she expanded her content creation into YouTube, uploading her first video in June of 2024 with 885 subscribers.

Via Instagram @alyssainthecity

Sara Crampton

Harper and Harley is an Australian-born online influencer named Sara Crampton, popular for her fashion minimalism and usually utilizing black, white, and grey within a monochromatic palette. She is behind the online shop and website, the UNDONE, whose mission is to compile fashion pieces online through the expression of minimalism. She has 501,000 followers on Instagram, and 2,791 followers on TikTok.

Via Instagram @harperandharley

Santoshi Shetty

Santoshi Shetty is a leading Indian fashion influencer. She presents her audience with a mix of bohemian elegance and modern minimalism through bold, experimental silhouettes, earthy tones, and eclectic layering. The style icon effortlessly fuses high-end fashion with streetwear, incorporating elements of Indian and international inspirations. With over 713,000 followers on Instagram, she has collaborated with numerous brands and expanded her brand to include yoga and wellness.

Via Instagram @santoshisetty

Julia Berolzheimer

Julia Berolzheimer is both a fashion entrepreneur and an influencer. She is popular for her classic high look.She is the CEO and owner of a website called Julia Berolzheimer, where she posts content about beauty, fashion, and lifestyle. Additionally, she co-founded an online shop named Parterre that specializes in fashion and home accessories. Her Instagram has over 1 million followers on Instagram where she gives fashion insights.

Via Instagram @juliaberolzheimer

Author name: Salomée Levy, Intern at Fashion Law Journal 

Anok Yai

Anok Yai was born in Cairo, Egypt. She was discovered in 2017 at Howard University’s homecoming week when professional photographer TheSUNK took her picture and posted it on Instagram, gaining viral attention.  Along with the social media likes, modeling agencies reached out, and Anok signed up with Next Model Management. The model became the first Sudanese and second Black woman within the first months of signing with Next Model Management to open the Prada Fashion Show in February 2018 during Milan Fashion Week. In the September 2022 W cover for its 50th anniversary, she was officially recognized as a supermodel. 

Via Instagram @anokyai

Liu Wen

Liu Wen is China’s first supermodel. Her multitasking, work habits, and breaking into high-fashion campaigns and runway work worldwide have carved her career, which has helped knock down barriers toward Asian representation across the globe in modeling. She was the second Chinese model to be on American Vogue back in March 2017, and in May 2023, she became the first Chinese model to make it on the cover of Vogue three times. Liu Wen has done the runway work of some of the great high-fashion designers. She has worked with the greats, including Chanel, Dior, Prada, Balenciaga, Louis Vuitton, Alexander McQueen, Versace, Valentino, and Givenchy. 

Via Instagram @liuwenlw

Adut Akech

Adut Akech is a South Sudanese-Australian supermodel and has made headlines in fashion; this role has really cemented her globally as an ambassador for diversity and inclusivity. She has modeled designers such as Chanel, Valentino, and Givenchy. The model graced multiple magazine covers including Vogue Italia’s June 2022 cover, in addition to being named the “Model of the Year” by the British Fashion Council in 2019, further concretizing her influence to change industry standards.

Via Instagram @adutakech

Jourdan Dunn

British supermodel Jourdan Dunn has secured an uncountable number of magazine covers, including British Vogue’s February 2015 cover, symbolizing representation in high fashion. She was the first solo Black model on Forbes’ top-earning model list, making her a name in history both as a style icon and an industry pioneer.

Via Instagram @jourdandunn

Imaan Hammam

Imaan Hammam is a Dutch supermodel of Moroccan and Egyptian descent who has often celebrated her heritage in her work gracing the runways to fronting campaigns for several top designers. A vocal advocate for embracing natural beauty and cultural identity, she also does much more to support women’s rights and to advocate for refugees, further solidifying her influence off the runway. Hammam has worked with such prominent brands as Fendi and Bottega Veneta to cement her position as one of the most sought-after models of her generation.

Via Instagram @imaanhammam

Shanina Shaik

International icon Shanina Shaik covered several international magazines, including Harper’s Bazaar, Vogue, and GQ, to seal her international status. Her work for Balmain, Stella McCartney, and Jason Wu shows her versatility and consistency with ever-changing trends within the fashion world. She has further been an activist in body positivity and mental health awareness using her platform to build self-confidence and mental well-being among the audiences.

Via Instagram @shaninamshaik

Yasmin Wijnaldum

Dutch supermodel Yasmin Wijnaldum was known for her features and confident walk;  she modeled for Prada and then walked for Versace, Chanel, and Tom Ford, followed by campaigns for Givenchy and Moschino, further sealing her place as a rising star in high fashion. After featuring in key campaigns like Dolce & Gabbana Beauty, this model sealed her name in this industry.

Via Instagram @yasminwijnaldum

Kaia Gerber

Kaia Gerber is the daughter of supermodel Cindy Crawford and has risen through the ranks to fame in the fashion sphere through innately effortless style and iconic runway presence. Kaia’s fresh but unusually chic modeling means she’s worked with some of the biggest brands: Saint Laurent, Alexander McQueen, and Burberry, to name a few. Away from the runway, she is the founder of her own book club called Library Science.

Via Instagram @kaiagerber

Vittoria Ceretti

Vittoria Ceretti is among the most in-demand models. Having walked for some of the great designers such as Valentino, Dior, and Gucci, she has established a presence within the fashion world. She features as one of the most striking runway and campaign faces of recent dates. She has been highly acclaimed throughout her career for the ability to show powerful emotions in her work and connect with her audience at a deeper level.

Via Instagram @vittoria 

Ming Xi

Chinese supermodel Ming Xi gained international fame for her collaborations with luxury brands like Chanel, Dior, and Valentino. On the runway, she is classy and elegant. She is a role model in opening the floodgates to Asian representation across the globe within the fashion world.

Via Instagram @mingxi11 

Author name: Salomée Levy, Intern at Fashion Law Journal 

Breakfast at Tiffany’s (1961)– We’ve all seen Audrey Hepburn standing outside the window of Tiffany & Co with a pastry in hand and sunglasses on her nose. Hepburn’s character undoubtedly helped popularise the little black dress as a staple in every girl’s wardrobe, showcasing its versatility, timelessness and elegance. To this day, the little black dress remains a staple and a go-to outfit for many.

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Top Gun (1986) – Tom Cruise’s iconic 1986 film Top Gun featured no shortage of aviator glasses. The timeless frame of the glasses, and the effortlessly cool look of them led to a sharp uptick in sales of the Ray-Ban glasses. In fact, it was reported that Aviator sales rose by 40% in the 7 months after the movie’s debut.

Pulp Fiction (1994) – Tarantino’s cult classic film had no shortage of iconic outfits. Uma Thurman as Mia Wallace sported a simple button-down and black trousers in one of the most iconic dance sequences in television, and her trench coat has also been a staple of style. The traditionally masculine outfit takes on a new light on Thurman, with the pants shortened and shirt taken in to create a more feminine silhouette that skyrocketed in popularity. The outfit has been recreated time and time again and remains one of the most recognisable outfits in film, despite its simplicity.

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Clueless (1995) – The 1995 film Clueless featured no shortage of iconic, chic outfits. Despite being almost 30 years old, the outfits in this movie remain influential. Plaid sets, mini skirts, Mary-Jane shoes and preppy aesthetics – Clueless had them all. Cher’s iconic yellow plaid set remains a staple of fashion and Clueless was instrumental in the popularity of the preppy aesthetic.

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Legally Blonde (2001) – Elle Woods made history in early 2000’s cinema with her pink ensembles. Her feminine looks never took away from her legal skill, and brought forth an era of over-the-top, Barbie-like fashion inspiration. Elle Woods served up feminine yet chic looks which took the early 2000s fashion scene by storm, leading to a rise in pink miniskirts, strappy sandals, sparkles, and pink accessories.

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13 Going on 30 (2004) – Jennifer Garner wore her fair share of baby doll dresses in the film, but none more iconic than the Versace rainbow mini dress that has been worn over and over again on social media. As fashion trends swing back towards brighter and bolder colours, Jenna’s magazine party dress seems to also be making a comeback.

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Mean Girls (2004) – Mean Girls has been a cultural phenomenon since its release in 2004 and has contributed to defining the 2000s era of fashion. Mini-skirts, tight tops and kitten heels were seen throughout the movie and quickly set a new standard in fashion. The “on Wednesday’s we wear pink” slogan has also influenced fashion, with the phrase printed on shirts and pink clothing rising in popularity. The film helped define fashion in the early 2000s and set trends that continue to come back – such as the pleated mini skirt and crop tops. The movie’s lasting impact on fashion is also notable in the fact that Regina’s black off-shoulder top and jeans from the end of the movie has been recreated every year at Halloween.

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The Devil Wears Prada (2006) – A staple in fashion films, the 2006 movie remains a timeless classic. Anne Hathaway’s Andy undergoes a transformation from “girl in the frumpy sweater” to style icon dressed in Chanel. Her over-the-knee boots, paired with a blazer, have become an iconic look, and the film played a large role in the popularity of knee-high boots. . The popularity of knee-high boots remains clear, featuring on runways of Stella McCartney, Chanel and Victoria Beckham in 2023. Meryl Streep’s Miranda Priestly also wore countless iconic outfits featuring oversized sunglasses and fur coats – both of which remain fashion staples even in 2025. The popularity of ‘office-siren’ outfits in 2024 also drew inspiration from the film, and many of the timeless outfits from the film remain popular today.

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Barbie (2023) – If Elle Woods started the pink revolution, Greta Gerwig’s Barbie took it even further. Over the years, there have been no shortage of iconic pink outfits from films such as Legally Blonde and Mean Girls, but Margot Robbie’s classic Barbie outfits and red carpet looks led to a resurgence of feminine and fun fashion. Pink sequin dresses rose 26% in sales, as did pink jumpsuits and matching pink sets by 73%. Barbie led to a resurgence of bolder outfits and more creative expression, and Barbie-core took social media by storm.

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Challengers (2024) – The 2024 film Challengers led to a rise in popularity of the ‘tennis-core’ aesthetic – identifiable by pleated skirts, quarter zips, polos and minimalistic jewellery. Tennis style grew in popularity between March and April 2024 by almost 80%, and clothing companies were quick to follow the trend. Zendaya’s red carpet looks furthered this trend, as she appeared in pleated skirts, tennis-ball shoes, V-neck tops and collared dresses. Its similarity to the viral ‘old-money’ aesthetic also fuelled this popularity, and tennis-core outfits have become more and more popular since the film’s release in April.

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Wicked (2024) – We can’t mention pink dresses without the latest addition to the ‘iconic pink dresses’ ensemble – Ariana Grande’s Glinda.  Glinda wears exclusively pink outfits throughout the film, and her outfits such as the Oz Dust Ballroom dress have been recreated and highly sought after. Wicked’s collaborations with designers such as Marc Jacobs have also cemented its place as an influential fashion film, and pink and green outfits have become synonymous with the film.

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Author Name: Cheri Hui

Other Sources:

https://www.syte.ai/blog/onlinemerchandising/barbiemovieshoppingtrends/#:~:text=Barbie’s%20Best%20Looks,Syte%20dug%20deep&text=We%20compared%20sales%20from%20fast,matching%20sets%20were%20up%2073.5%25

https://fashionista.com/2014/08/pulp-fiction-costume-designer

https://www.forbes.com/sites/sarahelson/2024/05/23/how-zendayas-challengers-press-tour-fashion-cashed-in-on-tenniscore/

https://www.gq.com/story/top-gun-maverick-tom-cruise-aviator-sunglasses-sales