Mary Katrantzou’s ascent to this esteemed position is a testament to her unparalleled expertise and visionary approach to design. Hailing from Greece and based in London, Katrantzou rose to prominence in the late aughts with her distinctive prowess in digital placement printing, captivating the fashion world with her ornate, colorful, and pattern-heavy designs.

Her affinity for jewelry and accessories has been evident since the outset of her career, with her Central Saint Martins MA collection featuring hyperreal trompe l’oeil images of necklaces—a precursor to her future collaboration with Bulgari. Katrantzou’s innate ability to blur the lines between adornment and functionality resonates deeply with Bulgari’s storied heritage, making her a natural fit for the role of Creative Director.

Fig 2. (Jones, 2019) Courtesy: Jason Lloyd Evans

The synergistic relationship between Katrantzou and Bulgari dates back to 2019 when the esteemed jewelry house lent its precious pieces for one of her fashion shows staged at the monumental Temple of Poseidon in Athens. This collaboration marked the beginning of a flourishing partnership, culminating in Katrantzou’s captivating capsule collection inspired by Bulgari’s iconic Serpenti motif—a symbol of wisdom, rebirth, and vitality.

Jean-Christophe Babin, Bulgari’s CEO, expressed his pride in Katrantzou’s appointment, highlighting their shared Greek origins and mutual commitment to excellence in craftsmanship and color. He emphasized the significance of Katrantzou’s creative vision in propelling Bulgari towards new heights of innovation and allure.

Katrantzou’s debut collection for Bulgari promises to be a tour de force, encompassing a diverse array of offerings—from luxurious leather day bags to exquisite high-jewelry clutches. Drawing inspiration from Bulgari’s rich cultural heritage and dual Greco-Roman roots, Katrantzou seeks to elevate everyday life into a form of art, infusing each creation with unparalleled craftsmanship and innovation.

Her relocation from London to Athens amidst the global pandemic underscores her adaptive resilience and unwavering commitment to artistic exploration. Balancing the demands of her burgeoning family life with the rigors of international travel and creative leadership, Katrantzou epitomizes a spirit of boundless ambition and innovation.

In assuming the role of Creative Director, Katrantzou embarks on a transformative journey, guided by a profound admiration for Bulgari’s legacy and a relentless pursuit of creative excellence. Her debut collection, slated to hit stores in August, is poised to redefine the landscape of luxury fashion, setting Bulgari on a path of unprecedented success and acclaim.

Mary Katrantzou’s appointment heralds a new era of innovation and ingenuity for Bulgari, as she infuses her distinctive aesthetic and visionary approach into every facet of the brand’s accessories and leather goods. With her unparalleled talent and unwavering dedication, Katrantzou is poised to leave an indelible mark on Bulgari’s illustrious legacy, elevating it to new heights of artistic brilliance and timeless elegance.

In conclusion, Mary Katrantzou’s appointment as Bulgari’s inaugural Creative Director of Leather Goods and Accessories represents a union of artistic brilliance and timeless elegance. With her visionary leadership and unwavering commitment to excellence, Katrantzou is set to redefine the landscape of luxury fashion, elevating Bulgari to unprecedented heights of innovation and allure.

Reference

1. Ansa (2024) Bulgari names Mary Katrantzou as its first creative director for accessories Nicola Mira, com. Translated by N. Mira. Available at: https://ww.fashionnetwork.com/news/Bulgari-names-mary-katrantzou-as-its-first-creative-director-for-accessories,1620522.html (Accessed: 03 April 2024).
2. Donaldson, B. (2024) ‘I love a statement accessory’ Mary Katrantzou becomes Bulgari’s first-ever creative director of leather goods and accessories, HELLO! Available at: https://www.hellomagazine.com/hfm/fashion-trends/516733/mary-katrantzou-creative-director-leather-goods-and-accessories-bulgari/ (Accessed: 04 April 2024).
3. Gct (2024) Greek designer Mary Katrantzou becomes Bulgari’s first-ever creative director, Greek City Times. Available at: https://greekcitytimes.com/2024/04/04/greek-designer-mary-katrantzou-becomes-bulgaris-first-ever-creative-director-of-leather-goods-and-accessories/ (Accessed: 05 April 2024).
4. Italy, L. (2024) Mary Katrantzou is Bulgari’s first creative director for accessories and Leather Goods, L’Officiel Baltic. Available at: https://www.lofficielbaltic.com/lv/mode/mary-katrantzou-is-bulgari-s-first-creative-director-for-accessories-and-leather (Accessed: 04 April 2024).
5. org (2024) Mary Katrantzou takes charge as Bulgari’s first creative director for Leather Goods and accessories, Leather News. Available at: https://leathernews.org/mary-katrantzou-takes-charge-as-bulgaris-first-creative-director-for-leather-goods-and-accessories/ (Accessed: 05 April 2024).
6. Morletto, E. (2024) Bulgari appoints Mary Katrantzou as creative director for accessories, Luxury Tribune. Available at: https://www.luxurytribune.com/en/bulgari-appoints-mary-katrantzou-as-creative-director-for-accessories (Accessed: 04 April 2024).
7. Phelps, N. (2024) Mary Katrantzou is Bulgari’s first creative director of Leather Goods, Vogue Singapore. Available at: https://vogue.sg/mary-katrantzou-bulgari-creative-director-leather-goods-accessories/ (Accessed: 05 April 2024).
8. Serio, K. (2024) Bulgari appoints Mary Katrantzou as first-ever leather goods and accessories-focused creative director, PurseBlog. Available at: https://www.purseblog.com/news/bulgari-appoints-mary-katrantzou-as-first-ever-leather-goods-and-accessories-focused-creative-director/ (Accessed: 03 April 2024).
9. Terra, C. (2024) Mary Katrantzou appointed accessories creative director Bulgari, FashionUnited. Available at: https://fashionunited.in/news/people/mary-katrantzou-appointed-accessories-creative-director-bulgari/2024040244388 (Accessed: 04 April 2024).
10. Twersky, C. (2024) Bulgari hires Mary Katrantzou as creative director of Leather Goods & Accessories, W Magazine. Available at: https://www.wmagazine.com/fashion/mary-katrantzou-bulgari-creative-director-leather-goods-accessories (Accessed: 03 April 2024).
11. Batra, R. (2024) Bvlgari Announces Mary Katrantzou As Creative Director of Leather Goods and Accessories, HARPER’S BAZAAR ARABIA. Available at: https://www.harpersbazaararabia.com/fashion/watches-jewellery/bvlgari-announces-mary-katrantzou-as-creative-director-of-leather-goods-and-accessories (Accessed: 04 April 2024).

Images/Photographs

1. Phelps, N. (2024) Mary Katrantzou is Bulgari’s first creative director of Leather Goods, Vogue Singapore. Available at: https://vogue.sg/mary-katrantzou-bulgari-creative-director-leather-goods-accessories/ (Accessed: 05 April 2024).
2. Jones, J. (2019) Mary Katrantzou: SS20 fashion show at Greece’s temple of poseidon – in pictures, The Guardian. Available at: https://www.theguardian.com/fashion/gallery/2019/oct/04/mary-katrantzou-ss20-fashion-show-at-greeces-temple-of-poseidon-in-pictures (Accessed: 03 April 2024).

Author: Sukraty Saxena

Immediate Impacts on Third World Countries

Third World countries often become primary suppliers of cheap labor and raw materials for the fast fashion industry. This results in precarious working conditions, inadequate wages, and the exploitation of local communities. For instance, in many Asian and African countries, textile workers face long hours, lack of workplace safety, and low wages. The constant pressure for fast and cheap production also leads to unfair labor practices, such as child labor and absence of union rights.

Additionally, these countries often bear the environmental burden of textile production. Toxic waste from dyeing and fabric treatment processes pollutes rivers and local ecosystems, negatively affecting nearby communities’ health.

Global Costs in the Medium Term

In the medium term, fast fashion has a devastating impact on the planet. The fashion industry is estimated to be responsible for about 10% of global greenhouse gas emissions. Moreover, mass clothing production contributes to the depletion of natural resources like water and energy. The carbon footprint associated with transporting raw materials and finished products around the world is also significant.

The rampant exploitation of resources in Third World countries to meet the insatiable demand for fast fashion not only depletes these resources but also fuels a cycle of excessive consumption and waste in developed countries. This disposable and consumerist mentality has serious environmental consequences, such as increasing textile waste in landfills and degrading natural ecosystems.

Role of Colonialism and Economic Exploitation

The fast fashion business model is a contemporary extension of economic colonialism, where developed countries exploit Third World resources and cheap labor to sustain their own economic growth. During colonial periods, these countries’ natural resources were plundered, and their economies were shaped to serve the interests of colonial powers. Today, although under a different silhouette, this exploitation persists, fueling global fashion supply chains.

H&M and Zara Accused of Ties to Deforestation in Brazil this month

Recently (April 2024), giants like H&M and Zara were accused of ties to illegal deforestation activities and human rights violations in Brazil. These revelations highlight the urgent need for stricter regulations holding companies accountable for harmful practices in their global supply chains.

These cases underscore the importance of questioning the origin of the products we consume and demanding transparency and accountability from brands. It is imperative that governments, certification organizations, and consumers work together to eradicate predatory and unfair practices that sustain the fast fashion field.

In summary, addressing the challenges of fast fashion requires a more ethical and sustainable approach. Only rigorous legal compliance policies, transparency in supply chains, and consumer education can promote a truly responsible and fair fashion bussiness for all involved, protecting the environment and the rights of communities affected by these harmful practices.

Monetary and Fiscal Aspects

Fast fashion is a lucrative business for major Western brands. In 2019, the global fast fashion market was valued at over $35 billion, with continuous growth projected. However, these companies often downplay social and environmental costs in pursuit of maximum profits. The low cost of labor and raw materials in Third World countries directly contributes to fast fashion profitability.

Moreover, the fiscal impact of these practices is significant. Often, major brands exploit loopholes in international tax laws to minimize their taxes, shifting profits to tax havens and avoiding adequate contribution to the economies where they operate. This represents a substantial loss of revenue for local governments, which could otherwise be invested in education, health, and infrastructure to improve the quality of life for affected communities.

In summary, fast fashion is not just about fashion and consumption; it is a phenomenon deeply rooted in global inequalities, economic exploitation, and environmental degradation. To address these challenges, it is crucial for governments, businesses, and consumers to adopt a more ethical and sustainable approach to clothing production and consumption. Stricter legal compliance policies, transparency in supply chains, and consumer education are essential to promote a truly responsible and fair business for all involved.

Reversing the negative impacts of fast fashion and promoting a more ethical and sustainable fashion industry requires a multifaceted and collaborative approach. Governments must implement stricter regulations protecting labor rights and promoting environmentally responsible practices in supply chains. Companies need to take greater corporate responsibility by adopting transparency in their operations and seeking recognized sustainability certifications. Furthermore, it is essential to educate and raise awareness among consumers about the social and environmental impacts of fast fashion, encouraging conscious consumption and supporting brands that adopt sustainable practices. Simultaneously, technological innovation and collaborations among industry stakeholders are crucial to developing sustainable materials, improving supply chain management, and driving global initiatives that comprehensively address fashion standards. While a significant challenge, transitioning to a truly responsible fashion industry is achievable with collective and ongoing efforts toward a more equitable and sustainable future.

In conclusion, the fast fashion industry’s detrimental effects on labor rights, the environment, and global economic disparities underscore the urgent need for transformative action. Governments, businesses, and consumers must collaborate to implement and enforce robust regulations that prioritize ethical practices and sustainability throughout the fashion supply chain. By promoting transparency, accountability, and consumer awareness, we can drive meaningful changes, respecting both people and the planet. Together, we can steer towards a future where this industry is not just stylish, but also responsible and fair for all.

Felipe Jaruche, an accomplished legal professional, showcases expertise in corporate law and the dynamic interplay of the fashion industry. Beyond the corporate realm, Felipe accentuates a global, inclusive, and ethically informed approach within the broader socio- political context of the fashion industry. He holds a master and phd studies in humanities, being also part of the European Solidarity Corps in Italy for the past years. Felipe’s analyses encompass sociology and human rights, offering comprehensive insights.

EUROPEAN UNION

The EU and the European Commission can be said to have taken the first step towards a unified regulatory framework on cosmetics. All member states follow the same legislation which is currently Regulation (EC) No.1229/2009 of the European Commission. Each member state has a competent authority to enforce this legislation.

Definition

According Article 2(1)(a) of the REGULATION (EC) No 1223/2009, cosmetic product is defined as: “Any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours;”

This definition categorizes a product as a cosmetic based on the site of application and purpose of usage. Each product can only fall into one category and hence there is not much overlap.

‘Manufacturer’ means any natural or legal person who manufactures a cosmetic product or has such a product designed or manufactured, and markets that cosmetic product under his name or trademark

‘Importer’ means any natural or legal person established within the Community, who places a cosmetic product from a third country on the Community market

Placing a on the market

According Article 2(1)(h) of the REGULATION (EC) No 1223/2009, placing on the market means “the first making available of a cosmetic product on the Community market”

The first requirement when it comes to introducing your product into the European market is a “responsible person”. He / She must be a legal or natural person designated within the European Community.

Who can be a responsible person:

The manufacturer and importer can designate any person within the community as a responsible person by written mandate.

The responsible person must make sure that the product has undergone a safety assessment and that a cosmetic product safety report is set up. The Cosmetic Product Safety report must be kept up to date based additional information generated after placing the product on market. The safety assessment must be done by a person qualified in study of either pharmacology, toxicology, medicine or any other equivalent course.

The CPSR can be found in the product information file (PIF) of the cosmetic and is divided in two parts:

• Part A: Cosmetic product safety information, consisting of all the information necessary for the safety assessment of the product and comprising ten sections, 1. quantitative and qualitative composition; 2. physical/chemical characteristics and stability; 3. microbiological quality; 4. impurities, traces and information about the packaging material; 5. normal and reasonably foreseeable use; 6. exposure to the cosmetic product; 7. exposure to the substances; 8. toxicological profile of the substances; 9. undesirable effects and serious undesirable effects; 10. information on the cosmetic product [13].
• Part B: Cosmetic product safety assessment, which is the cosmetic safety assessor’s opinion on the safety of the product and consists of four sections, 1. assessment conclusion; 2. labelled warning and instruction of use; 3. reasoning; 4. assessor’s credentials and approval of part B

The product information file must be kept by the responsible person when it is placed on the market and must include a description of the manufacturing method and a statement of compliance with GMP; proof of the effect claimed for the cosmetic product and data on any animal testing performed by the manufacturer, his agents or suppliers, relating to the development or safety assessment of the cosmetic product or its ingredients, including any animal testing performed to meet the legislative or regulatory requirements of third countries.

If there is any change in the product or if new information regarding the product becomes available, it is the Responsible Person’s duty to update the Cosmetic product Safety report and the Product Information File. Additionally, the RP must submit some information via the cosmetic products notification portal (CPNP), such as the product category and identification, likely exposure scenarios, and the frame formulation.

 The responsible person must submit by electronic means, the following information to the commission before placing the product on the market:

• the category of cosmetic product and its name or names, enabling its specific identification; (b) the name and address of the responsible person where the product information file is made readily accessible; (c) the country of origin in the case of import; (d) the Member State in which the cosmetic product is to be placed on the market; (e) the contact details of a physical person to contact in the case of necessity; (f) the presence of substances in the form of nanomaterials and: (i) their identification including the chemical name (IUPAC) and other descriptors as specified in point 2 of the Preamble to Annexes II to VI to this Regulation; (ii) the reasonably foreseeable exposure conditions; (g) the name and the Chemicals Abstracts Service (CAS) or EC number of substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR), of category 1A or 1B, under Part 3 of Annex VI to Regulation (EC) No 1272/2008; (h) the frame formulation allowing for prompt and appropriate medical treatment in the event of difficulties.

Six months before a cosmetic product incorporating nanomaterials is put on the market, the RP must notify the CPNP using a different mechanism. These rules apply to all nanomaterials, with the exception of those that are used as UV filters, colorants, or preservatives and are listed in Annexes IV, V, and VI of the Cosmetic Regulation, as well as those that comply with Annex III’s requirements, as these ingredients are subject to authorization under Article 14 of the Regulation.

INGREDIENTS REGULATION

The EU has “ingredients risk-based” cosmetic legislation. The Scientific Committee on Consumer Safety (SCCS) regularly updates and revises the “Notes of Guidance for the Testing of Cosmetic Ingredients and Their Safety Evaluation”, which provides guidance to public authorities and the cosmetic industry regarding the safety of cosmetic components. To evaluate numerous toxicological endpoints related to human health, this guideline includes toxicological test methodologies, such as basic toxicity assays. SCCS safety evaluation uses the systemic doses obtained (mainly) after oral treatment. For local toxicity results, only hazard identification is often carried out. The safety of unharmed skin is evaluated. For reasons of safety, only approved non-animal methods must be used in the evaluation of cosmetic products.

The suggestions of the committee are taken into consideration by the EC and the Member States when deciding whether to add or remove compounds from the list of ingredients created by Regulation (EC) 1223/2009 [34]. The law establishes two negative lists for substances that are restricted and forbidden, along with three positive lists for colorants, preservatives, and UV filters [8]. The SCCS evaluates the safety of the compounds specified in the Annex while the industry evaluates the safety of cosmetic products.

LABELLING, PACKAGING AND CLAIMS

Packaging is important for a product’s preservation, storage, and transportation as well as for conveying information about it. Packaging requirements include stability maintenance, risk resistance to biological, physical, and chemical hazards, and climatic compliance [38]. Due to these reasons, the cosmetic packaging is an essential element in determining the safety of cosmetics in the EU.

In order to safeguard the security of cosmetic items, Regulation (EC) 1223/2009 requires packaging review; hence, the CPSR must expressly describe the characteristics of the packaging material, particularly its purity and stability [13]. In addition to the requirements of the cosmetic legislation, the package must comply with other regulations. Examples include REACH (Registration, Evaluation, Authorization and Restriction of Chemicals), which establishes criteria for packaging and waste packaging [39];Regulation (EU) 10/2011 on plastic materials and articles intended to contact food [41]; Directive 87/357/EEC, a general product safety directive that prohibits the marketing of goods, such as cosmetics, which are not edible but could be mistaken for food items due to their appearance, smell, or packaging. Regulation (EC) 1935/2004, which lays out general safety guidelines for goods in contact with food

Claims :

Following the publication of Regulation (EC) 1223/2009, the EU adopted a second regulation—Commission Regulation (EU) No 655/2013—to set universal requirements for the justification of claims relevant to cosmetic products. The main objectives were to ensure consumer protection from deceptive claims, establish a common approach at the EU level, and improve cooperation between the national authorities of each Member State. Six common criteria were established: (i) legal compliance; (ii) truthfulness; (iii) evidential support; (iv) honesty; (v) fairness; and (vi) informed decision-making [43].

Its application is governed by the Technical Document on Cosmetic Claims, a non-binding document released in 2017 by a sub-working group. Along with thorough explanations and examples for each of the six criteria, the document also provides two extra annexes, one on “free from” claims and the other on “hypoallergenic” claims [44]. Despite the fact that there are uniform standards that must be followed in the EU, the common criteria do not specify the language that should be used for claims made on cosmetic items. Because of this, the responsible person “must ensure that the message communicated is worded in compliance with the common criteria and is consistent with the documentation in his possession for substantiating the claim,”

UNITED STATES OF AMERICA

 In the USA, the two most important laws related to cosmetic products and regulated by the Food and Drugs Administration (FDA)—the Federal Food, Drug and Cosmetic Act (FD&C Act), and the Fair Packaging and Labeling Act (FPLA).

Definition

The term “cosmetic product” means a preparation of cosmetic ingredients with a qualitatively and quantitatively set composition for use in a finished product.

The term “responsible person” means the manufacturer, packer, or distributor of a cosmetic product whose name appears on the label of such cosmetic product in accordance with section 364e(a) of this title or section 1453(a) of title 15.

PRE-MARKET APPROVAL

If a person owns and operated a cosmetic facility in the USA , he must register the facility with the secretary within 60 days of first operation.

The registration under subsection (a) shall contain—

(A) the facility’s name, physical address, email address, and telephone number;

(B) with respect to any foreign facility, the contact for the United States agent of the facility, and, if available, the electronic contact information;

(C) the facility registration number, if any, previously assigned by the Secretary under subsection (d);

(D) all brand names under which cosmetic products manufactured or processed in the facility are sold; and

(E) the product category or categories and responsible person for each cosmetic product manufactured or processed at the facility.

The responsible person must also list the cosmetic product with the Secretary within 120 days of marketing such product.

Each such cosmetic product listing shall include—

(i) the facility registration number of each facility where the cosmetic product is manufactured or processed;

(ii) the name and contact number of the responsible person and the name for the cosmetic product, as such name appears on the label;

(iii) the applicable cosmetic category or categories for the cosmetic product;

(iv) a list of ingredients in the cosmetic product, including any fragrances, flavors, or colors, with each ingredient identified by the name, as required under section 701.3 of title 21, Code of Federal Regulations (or any successor regulations), or by the common or usual name of the ingredient; and

(v) the product listing number, if any previously assigned by the Secretary under subsection (d).

If the formulation of the product is same and there is only difference with respect to fragrance, colour, quantity of contents and flavour , then only a single listing is required.

LABELLING AND PACKAGING 

Each cosmetic product shall bear a label that includes a domestic address, domestic phone number, or electronic contact information, which may include a website, through which the responsible person can receive adverse event reports with respect to such cosmetic product.

A cosmetic product introduced into interstate commerce and intended to be used only by a professional shall bear a label that—

(A) contains a clear and prominent statement that the product shall be administered or used only by licensed professionals; and

(B) is in conformity with the requirements of the Secretary for cosmetics labeling under this chapter and section 1453(a) of title 15.

INDIA

In India, the law relating to cosmetics is Drugs and Cosmetics Act, 1940 and The Cosmetics Rules, 2020.

DEFINITION

cosmetic is defined as any article intended to be rubbed, poured, sprinkled or sprayed in, or introduced into, or otherwise applied to, the human body or nay other part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and includes any article intended for use as a component of a cosmetic.

LICENSING AND REGISTRATION

Every person who intends to manufacture cosmetics in India must make a license for manufacture to the State licensing Authority as per the Cosmetic Rules,2020. In case of a new cosmetic, prior permission must be obtained from the Central Licensing Authority before getting license from the State Licensing Authority. He must then upload such license on the website of the Central Drugs Standard Control Organisation. The license so obtained shall remain valid for perpetuity , provided the manufacturer pays the required license retention fee to the State Licensing Authority within five years of obtaining the license.

In case the product is imported, an import registration certificate must be acquired.

LABELLING AND PACKING

Label should include:

• the name of the cosmetics
• the name of the manufacturer and complete address of the premises where the cosmetic has been manufactured
• use before or date of expiry
• A distinctive batch number (in case of soaps, instead of batch number, month and year of manufacture of soap must be given)
• Manufacturing licence number OR Registration number in case of imported goods
• Declaration of net contents
• List of ingredients
• Warning and adequate directions for safe use in case of hazardous cosmetics

CONCLUSION

All three countries have differences across the legislation. The lack of a harmonized system of cosmetic regulation is a bulwark to global trade of cosmetics. European Union and India have banned animal testing whereas when it comes to USA, only certain states have banned animal testing. China, on the other hand, requires mandatory animal testing.

Another thing to note is that different countries classify cosmetics separately. While EU is particular when it comes to categorization of products, USA and India are not so particular when it comes to the definition of drugs and cosmetics. One would think that talc should be considered a cosmetic but it is considered a drug under Indian law.

Manufacturers must also be careful when it comes to ingredients they use in cosmetics as it may be allowed in one country but banned in another. There can also be differences when it comes to the allowed quantities of the ingredients.

Talks are going on between countries for a harmonized cosmetic regulatory framework but until then, manufacturers must be careful about the legislations of the country they plan to manufacture or export products.

BIBLIOGRAPHY

• Mariana Ferreira, Ana Matos,“ Overview of Cosmetic Regulatory Framework around the World”, available at: https://doi.org/10.3390/cosmetics9040072
• Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
• Federal Food, Drug and Cosmetic Act (FD&C Act)
• The Drugs and Cosmetics Act, 1940
• The Cosmetic Rules, 2020

Author: Preethi Sunil

Mckinsey’s State of Fashion 2017 report, states that “Fashion is one of the world’s most important industries, driving a significant part of the global economy. It is one of the key value-creating industries for the world economy”² .This industry takes up a substantial share of the global supply chain.

The supply chain in a globalised world are dispersed and diverse. The biggest problems faced with fashion supply chain are of sustainability, and exploitative practices in production. The fashion supply chain, simply understood, is the entire process from the ideation of a garment to its end retail. Given the nature of globalisation, the fashion supply chain is now dispersed over the world. Production, usually occurs in developing economies, where cost of labor is low, and these products are then sold in the most luxurious stores in the west. But in the realm of fashion, the journey from concept to consumer is not limited to the creative side. Fashion retailers exist in a world of complex regulations.

Given the globalised nature of the world, the supply chains are fragmented over many countries, as it ensures lower production costs. A nuanced set of issues emerge; labour, sustainability, intellectual property, production regulations etc. It is impossible to discuss all aspects of this chain, so the focus for this article is on Labour related regulations, sustainability, as well as the role of technology in this regard.

The fashion industry is responsible for around 10% of global greenhouse gas emissions³ . Fashion brands, especially fast fashion brands produce high volumes of synthetic garments, that require a lot of energy to produce, and create tonnes of garment waste. This is usually concentrated in developing countries. If left to be, the fast fashion industry will create irreparable damages to the environment.⁴ To combat this, leading brands are trying to utilise Sustainable Supply Chain Management techniques (SSCM). SSCM refers to an approach that focuses on creating a supply chain ecosystem that optimises economic success, environmental responsibility, and social well- being.

The Drive for Sustainable and Ethical Fashion Supply Chains

The EU’s Corporate Sustainability Reporting Directive (CSRD), released in 2022 requires all European Union countries to disclose how they manage social and environmental challenges. This modernises the law related to social and environmental information that are to be reported by companies. The purpose is to require companies to disclose risks and opportunities arising from social and environmental issues⁵. By 2025, this directive will also apply to non-EU companies. The EU has made strides in the supply chain regulations, and due to its vast market, it forces companies worldwide to follow suit to the EU’s regulations. Considerations such as Carbon Border Adjustment Mechanism, which puts an import duty based on the amount of carbon expended at the time of production, are all attempts to make the chain more transparent and sustainable.

The Due Diligence Directive of the EU, which will be enforced in the near future, requires companies to monitor and “prevent, end or mitigate” issues such as pollution, biodiversity loss, slavery and labor exploitation. This directive is predicted to make labour issues a more holistic consideration, so that disasters like the Rana Plaza collapse do not repeat themselves. Currently, the USA has the Uyghur Forced Labor Prevention Act, that prevents American companies from funding forced labour on an ethnic minority in china. This was an issue of forcing labour, but the exploitation occurs in other forms. In the Rana Plaza collapse, the main problem was not with forced labour, rather the disregard for labour working conditions. With the supply chain, the primary concern has been human rights issues, such as child labour, but the issue of the carbon footprint of a company is to be closely monitored as well. Energy thinking considerations are now a major part of supply chain management.

In India, supply chain legislation currently focuses on making the country more conducive for investment. Due to its large workforce, and a consumer base that is growing, the market is conducive for FDIs. The initiative to attract FDI, is an integral part of sustaining economic growth in India⁷.

Although Indian laws are not as developed as the EU initiatives, India has taken steps towards the Supply chain management in India. India however has prescribed to the OECD Guidelines which recommend that companies carry out due diligence, the process by which they identify and account for the negative impacts in their supply chains by focusing their efforts on issues which are most severe. The OECD has developed practical guidelines for companies to carry out due diligence in their supply chains. In 2018, the OECD facilitated the creation of a platform between Indian garment and textile industry, represented by the Confederation of Indian Industry (CII), and global apparel brands to share information and build capacity within the sector to meet international labour and environmental standards and industry best practices as laid out in the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector.

This platform aims to build transparency for investors and consumers. A key outcome was a broad agreement on the need to establish a mutual understanding and a ‘baseline’ for the current context on due diligence impacts in Indian textile and apparel supply chains^8.

How Technology is Revolutionising the Fashion Supply Chain

The future of fashion supply chain management is likely to be shaped by ongoing technological advancements, changing consumer behaviours, and an increased focus on sustainability. The digital transformation and technological advancement has made integration of evolving technology an integral part of the supply chain. Technological advancements such as AI, Blockchain, and robots can assist in all stages of production, promising a more efficient and transparent process. Big brands like H&M and Zara are now relying on AI technology to manage their supply chains more efficiently. Blockchain is used for traceability of products on the chain. AI is used in predictive analysis, and demand forecasting. Brands using AI will be able to project the upcoming trends and reduce problems of overstocking.

The speed-bump in the way of this technological growth will be trying to meet global regulatory standards, which will differ from country to country. There is not a lack of technology when it comes to sustainable supply chain management, rather a lack of legislative incentive ⁹. In the face of uncertainty, the data driven businesses will be replied upon more. Companies will be able to predict the picture of the future global supply chain.

Along with this, standardisation of the technology is yet another issue that will affect accessibility. The future of fashion supply chain management will likely involve a combination of technology- driven solutions, sustainable practices, and a commitment to meet evolving consumer expectations.

The main issue with the use of technology is the standardisation and accessibility so that it serves all in the same way ¹⁰ .

Conclusion
Fashion’s globalised supply chain, with production often happening in developing countries, raises concerns about sustainability and labor standards. Fast fashion, in particular, is linked to high volumes of waste and greenhouse gas emissions. The future of fashion supply chains hinges on a combination of technological innovation, sustainable practices, and regulations that prioritize ethical production and environmental responsibility.

The legal regulation in the supply chain does not stop at technology, there are a number of considerations in the fashion supply chain to be looked at. IP laws, consumer transparency, deceptive marketing are all part of the fashion supply chain that can be discussed intensively. The supply chain in the fashion industry is made of a lot of working parts, and balancing the profit focused goals of the companies, with the political agendas of each nation, and the rights of the consumers is a delicate process.

Fashion businesses need verifiable evidence of ESG-compliant supply chains. Incidents such as the Rana Plaza collapse uncover the horrifying reality of the fashion industry and lead to calls for global action. These induce consumers and investors to demand much needed transparency in the fashion production.

Building an ESG complaint supply chain does not happen overnight. While many companies say they place importance of sustainability and ethical practices, it is easier said than done. The European Union (EU) has taken a leading role in regulating supply chains with directives like the Corporate Sustainability Reporting Directive (CSRD) and the Due Diligence Directive. These initiatives promote transparency and hold companies accountable for social and environmental impacts.

1 “Bangladesh building collapse death toll passes 500” BBC News. 3 May 2013. Retrieved 3 May 2013.
2  The state of Fashion 2017, Mckinsey and Co.
3  https://unfccc.int/news/un-helps-fashion-industry-shift-to-low-carbon
4  https://www.sciencedirect.com/science/article/pii/S2772390922000051
5https://finance.ec.europa.eu/capital-markets-union-and-financial-markets/company-reporting-and-auditing/company-reporting/corporate sustainability-reporting_en
6  https://www.fashiondive.com/news/fashion-regulations-supply-chain/694414/ 
7  https://asiasociety.org/policy-institute/supply-chains-shifting-indo-pacific/india
8  https://mneguidelines.oecd.org/OECD-Apparel-supply-chain-assessment-in-India-TOR.pdf
9 https://www.voguebusiness.com/story/sustainability/legislation-is-coming-for-fashions-supply-chains-are- you-ready
10 https://bthechange.com/the-challenges-of-integrating-the-supply-chain-for-a-more-sustainable-fashion-industry-49d68dae7019

Author:

Rheaa Nair is a penultimate-year law Student at NMIMS Mumbai, with a growing fascination for the world of intellectual property law. She is driven by a passion for the creative industries, and drawn to the convergence of technology and law. Her academic pursuits are complemented by a keen appreciation for fashion. She aspires to a career that champions an innovative yet sustainable spirit within the fashion industry.

For Paris, to be bestowed with the title, “Fashion Capital of the World”, the history plays a great role, dating back to 17^th Century, under the reign of King Louis, known for his extravagant taste and grandeur and with that he did not only rule France but also ruled the Fashion world. It is known that from a young age, Louis XIV understood the power of clothing as a symbol of status and power. He meticulously curated his wardrobe, favouring sumptuous fabrics, intricate embroidery, and opulent accessories. The King’s fashion choices not only reflected his personal tastes but also served as a means of asserting his authority and magnificence.

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Under Louis XIV’s patronage, the royal court became a beacon of creativity, attracting artisans and craftsmen from far and wide to showcase their talents. The sumptuary laws enacted during his reign not only regulated clothing but also elevated Paris as the arbiter of style and sophistication throughout Europe.

One of Louis XIV’s most enduring contributions to fashion was the establishment of the standard fashion seasons—spring/summer and fall/winter. The Sun King understood the importance of seasonal trends in driving consumer demand and stimulating the economy. By mandating the creation of new fashion lines and textiles each season, Louis XIV boosted the textile industry’s economy and solidified Paris’s position as a global fashion hub. Now we know whom to thank for those runway shows we drool over twice a year.

The Grand Palace of Versailles played a central role in Louis XIV’s fashion legacy. Built in the outskirts of Paris, Versailles served as the seat of the French monarchy and the epicentre of courtly life during Louis XIV’s reign. It was here that the King established a rigid hierarchy of etiquette and protocol, including strict dress codes that dictated what could be worn at court.

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Louis XIV transformed Versailles into a veritable showcase of luxury and extravagance, hosting lavish balls, receptions, and ceremonies that attracted the aristocracy from across Europe. The palace became a breeding ground for fashion innovation, with designers vying for royal patronage and the opportunity to showcase their creations in the illustrious court of Versailles.

The formalisation of Parisian fashion came to fruition in the 19th century with the establishment of the Chambre de commerce de la couture, a governing body that laid the foundation for haute couture and positioned Paris as the nucleus of high fashion. This institution, later evolved into the Fédération de la Haute Couture et de la Mode, played a pivotal role in promoting French fashion internationally and preserving its legacy of excellence. And it was also the time when Parisian designers like Charles Fredrick Worth pioneered the art of creating custom-made, high-end fashionable garments known as haute couture. This tradition of couture craftsmanship continues to thrive in Paris till today.

But Parisian fashion isn’t just about haute couture; it’s also about embracing diversity and celebrating individuality. From the avant-garde designs of emerging designers to the street style of everyday Parisians, the city’s fashion scene is a vibrant tapestry of styles and influences. Paris Fashion Week, with its eclectic mix of runway shows, presentations, and events, reflects this diversity, showcasing the full spectrum of creativity and innovation that defines Parisian fashion. Moreover, Paris’s influence on global fashion is further amplified by its role as a center of fashion education and innovation. The city is home to some of the world’s most prestigious fashion schools, including Parsons Paris and Studio Bercot, where aspiring designers from all over the world come to hone their craft and learn from the best in the industry. This emphasis on education and creativity ensures that Paris remains a breeding ground for new talent and fresh ideas, perpetuating its status as a global fashion powerhouse.

Furthermore, Paris’s cultural heritage and architectural splendour provide an endless source of inspiration for designers and creatives. From the ornate beauty of the Palais Garnier to the romantic allure of the Pont des Arts, Paris’s landmarks and monuments serve as a backdrop for some of the most memorable fashion moments in history. It’s a city where every street corner tells a story, and every building inspires a new collection.

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What sets Paris apart as a fashion capital is its ability to evolve and innovate while staying true to its roots. While steeped in tradition, Parisian fashion is anything but stagnant. Designers continually push the boundaries of creativity, infusing classic styles with a modern twist and embracing new technologies and materials. From sustainable fashion initiatives to groundbreaking collaborations, Paris remains at the forefront of innovation, driving the industry forward into the future.

In a world where trends come and go, Paris stands as a timeless bastion of style, creativity, and elegance. From its rich history and cultural heritage to its global influence and economic prowess, Paris embodies the essence of what it means to be a fashion capital. As we navigate the ever-changing landscape of fashion, one thing remains certain—Paris will forever reign as the undisputed epicentre of all things stylish, captivating the hearts and minds of fashion lovers around the world.

References

• Articles

1. DeJean, Joan, The Essence of Style: How The French Invented High Fashion, Fine Food, Chic Cafés, Style, Sophistication, and Glamour, New York: Free Press, 2005
2. “18th-century Paris: The capital of luxury”. com. 29 July 2011.
3. Why is Paris the Capital of Fashion – LoveToKnow – Women’s Fashion
4. French fashion facts– Paris Digest

• Websites

5. https://www.flickr.com/photos/riverap1/3736516253/
6. https://www.britannica.com/topic/Palace-of-Versailles#/media/1/626457/200300
7. https://media.cnn.com/api/v1/images/stellar/prod/240126130220-14-paris-couture-fashion-week-2024.jpg?q=w_1160,c_fill/f_webp

Author:

Sanjana Bishnoi, (Intern at Fashion Law Journal) a fifth-year law student at Bennett University, explores the intersection of law and fashion. With a hobby in art and craft and a keen interest in fashion, she delves into the legal landscape of the fashion world. With this article, she attend to bring the readers’ attention towards top ten landmark judgement that has shaped fashion industry.

1. Mix-and-Match Metals

Who says you can only wear one type of metal at a time? One way to incorporate gold jewelry into your everyday look is by mixing it with other metals like silver or rose gold. This adds visual interest and allows you to wear your favorite pieces together, such as a lotus gold jewelry piece paired with a sleek silver bracelet.

2. Start with Dainty Pieces

If you’re new to wearing gold jewelry or just prefer a more minimalistic style, starting with dainty pieces is an excellent option. Delicate gold rings or small hoop earrings are understated yet add a touch of elegance to any outfit. These subtle details will enhance your everyday look without overpowering it.

3. Layering Delicate Necklaces

Layering necklaces has been on-trend for quite some time now, and incorporating gold necklaces into this style is effortless. Start by selecting necklaces in different lengths to create depth and dimension in your look. Choose varying styles like chains, pendants, or even chokers for added versatility. This layered effect creates visual interest while maintaining an effortlessly chic aesthetic.

4. Timeless Statement Pieces

While dainty jewelry pieces offer subtlety, there’s nothing wrong with making a statement now and then! Investing in timeless statement pieces can instantly elevate your everyday look. Consider bold cuffs, chunky link bracelets, or even oversized hoops in classic gold tones for those days when you want to make a lasting impression. Just remember to balance your outfit accordingly since these pieces will naturally draw attention.

5. Mix Jewelry with Your Outfits

A surefire way to effortlessly incorporate gold jewelry into your everyday look is by thoughtfully pairing it with your outfits. Use gold accents as a finishing touch to complement the color scheme or style of your ensemble. For example, if you’re wearing warm-toned clothing, opt for gold pieces that enhance the warmth in your look. On the other hand, for cooler tones, consider selecting gold jewelry with hints of white gold or rose gold for a more harmonious feel.

6. Consider Your Skin Tone

One important factor when incorporating gold jewelry into your everyday look is considering your skin tone. Gold comes in different shades, ranging from yellow to rose and white gold. If you have fair skin, yellow or rose gold often complements it beautifully, whereas those with warmer undertones tend to suit classic yellow gold well. However, don’t be afraid to experiment and find the shade of gold that makes you feel most confident and radiant.

7. Don’t Forget the Details

Incorporating gold jewelry into your everyday style means paying attention to the little details as well! Opt for matching earrings and bracelets, or coordinate rings on multiple fingers for an effortlessly put-together look. Going that extra mile will make you feel more polished and ensure that no matter how simple your outfit may be, it’s never lacking that touch of sophistication.

8. Elevate Your Daytime Look

Gold jewelry isn’t just for special occasions or holiday parties. You can easily incorporate it into your daytime look to add a touch of glam to your everyday activities. One way to do this is by pairing simple gold hoop earrings with a casual outfit like jeans and a t-shirt. This combination effortlessly takes your look from ordinary to stylish, making you feel put together even during the most casual of days.

9. Don’t Forget about Minimalist Bracelets

When we think of gold jewelry, necklaces, earrings, and rings usually come to mind first. However, don’t overlook the power of minimalist gold bracelets in enhancing your everyday style. Thin bangles or delicate chain bracelets provide subtle elegance and can be worn alone or layered with other wrist accessories. These minimalist pieces are perfect for adding a hint of shimmer without overpowering the rest of your ensemble.

Conclusion

Incorporating gold jewelry into your everyday look doesn’t have to be complicated or overwhelming. By mixing metals, starting with dainty pieces, layering necklaces, choosing statement pieces strategically, pairing jewelry with outfits thoughtfully, considering skin tone, and paying attention to detail – a touch of shine can effortlessly elevate any ensemble. So don’t be afraid to experiment and let your personality shine through as you make daily fashion statements with your favorite gold jewelry.

Striking the perfect balance between tone and narrative, it takes us on a journey through a post-apocalyptic world, meticulously crafted by the creative minds of Lisa Joy and Jonathan Nolan. This review delves into the series’ essence, exploring its alignment with the original game franchise, its unique storytelling, and the elements that make it a must-watch on Amazon.

Tone and Setting: A Nostalgic Yet Fresh Approach

At the heart of “Fallout” lies a tone that seamlessly blends the old with the new. Walton Goggins, with his whiskey-soaked cowboy drawl, brings to life the bucolic yet dystopian essence of Vault-Tec living, echoing the cinematic legends Gary Cooper and John Wayne. The series excels in creating a post-apocalyptic California, juxtaposing the bleak, scorched earth with the sickly sweet, sterile environment of the underground bunkers. This duality not only serves as a backdrop but also as a character in itself, immersing the viewer in a world where the remnants of the past and the harsh realities of the present collide.

Plot and Characters: Beyond the Quest

While the central narrative revolves around Ella Purnell’s Lucy and her quest to find her kidnapped father, the storyline is merely a vehicle to explore the expansive universe of “Fallout.” The series thrives on its ability to weave complex characters like The Ghoul, portrayed masterfully by Walton Goggins, and the various factions and survivors navigating the challenges of the wasteland. Through its characters, “Fallout” touches upon themes of survival, humanity, and the absurdity of existence in a world ravaged by nuclear war.

Humor and Violence: A Delicate Balance

One of the series’ strengths lies in its adept use of humor amidst brutality. “Fallout” finds a delicate balance, never veering too far into the darkness of its post-apocalyptic setting, nor undermining its gravity with misplaced comedy. This equilibrium allows the show to tread on territories unexplored by its counterparts, offering a refreshing take on the genre that both shocks and amuses.

Visuals and World-Building: Fallout is a Cinematic Feast

Visually, “Fallout” is nothing short of spectacular. The attention to detail in the depiction of the wasteland, the bunkers, and the remnants of a bygone era contribute to a richly immersive experience. The series stands out for its production design, special effects, and costumes, particularly the T-60 power armor, bringing the iconic elements of the video game to life with astounding accuracy.

Criticisms and Final Thoughts

While “Fallout” shines in many aspects, it is not without its flaws. The underutilization of Walton Goggins and occasional pacing issues in the narrative are notable criticisms. However, these are minor when compared to the overall achievement of the series in capturing the essence of the Fallout universe.

In conclusion, “Fallout“ on Amazon Prime is a triumph in video game adaptations. It preserves the core elements that fans adore while introducing a broader audience to its richly layered world. With its compelling characters, meticulous world-building, and a perfect blend of humor and horror, “Fallout” sets a new standard for the genre. Whether you’re a longtime fan of the franchise or new to the wasteland, this series offers an engrossing, visually stunning, and emotionally engaging journey worth embarking on.

Nestled in the lively neighbourhood of Pacific Mall Subhash Nagar, this new G-SHOCK Exclusive Store is set to become a cornerstone of horological excellence in the heart of the capital city. Set to open its doors to fashion and streetwear enthusiasts and watch connoisseurs alike on the 10th of April, this exclusive G-SHOCK store promises an immersive experience, dedicated to showcasing the diverse product portfolio.

Boasting an extensive line-up of G-SHOCK’s iconic men’s and women’s range, this store is a haven for anyone who appreciates its rugged elegance and precision engineering. Central to the store’s offerings are G-SHOCK’s masterpiece series, including the legendary 5600 and 2100 series, alongside a curated selection of the latest drops and coveted limited-edition timepieces. From rugged functionality to cutting-edge design, each G-SHOCK timepiece embodies the brand’s ethos of innovation, durability, and style.

Speaking about the launch, Mr. Hideki Imai, Managing Director, Casio India said, “We are thrilled to unveil our first Exclusive G-SHOCK Store in New Delhi, a city well-known for authentic style, creative expression, and diverse culture. With the launch of this store, we are excited to bring our latest drops and a curated G-SHOCK range to the Delhi audiences. With superior craftsmanship and differentiated designs, G-SHOCK timepieces offer a compelling choice that resonate with the dynamic tastes and preferences of today’s audience. We look forward to welcoming our customers to our new store at Pacific Mall, Subhash Nagar.”

Located at IK/1F/12, 1st Floor, Pacific Mall, Tagore Garden, New Delhi – 110027, the brand invites visitors to explore its newly curated space, where every corner embodies the ethos of ‘Absolute Toughness’ and celebrates the passion and creative expression of individuals from the realms of fashion, sports, art, music, and beyond. The store is operational from 10:30 AM to 09:30 PM on all days of the week.

However, as the digital marketing landscape evolves, so does the legal framework governing it. This article explores the intricate legal responsibilities of digital influencers in advertising, shedding light on global regulatory trends, key jurisprudence, and the impactful case. It underscores the importance of this topic for the legal field, the economy, and influencers themselves, emphasizing the need for clarity, honesty, and transparency in digital endorsements.

The Crucial Role of Transparency

At the core of influencer marketing ethics is the principle of transparency. Influencers are required to disclose any sponsored content or affiliations with brands to ensure their audience can distinguish between personal endorsements and paid advertisements. This requirement isn’t merely a best practice; it’s enforced by legal frameworks globally.

The Legal Framework Shaping Ethical Conduct

Countries worldwide have developed regulations that outline clear expectations for influencer marketing practices. These laws serve to deter misleading endorsements and promote a culture of honesty in digital advertising:

United States: The Federal Trade Commission (FTC) enforces guidelines requiring influencers to disclose any financial or material relationship with the brands they promote, ensuring that consumers are not misled by undisclosed sponsorships.

Australia: The Australian Competition & Consumer Commission (ACCC) actively monitors and prosecutes misleading conduct in influencer marketing, emphasizing the importance of honesty in endorsements.

In Europe, influencer marketing is governed by robust regulations aimed at transparency and consumer protection. The General Data Protection Regulation (GDPR) mandates explicit consent for data use, extending to digital advertising. Similarly, the Unfair Commercial Practices Directive (UCPD) prohibits misleading endorsements, emphasizing honesty and transparency. National laws, like the UK’s Advertising Standards Authority (ASA) and France’s Loi Sapin II, reinforce these ethical responsibilities, requiring clear labeling of sponsored content and disclosure of financial incentives.

Consequences of Unethical Practices:

The repercussions for unethical marketing practices can be severe, encompassing both legal penalties and damage to the influencer’s reputation. Regulatory bodies are empowered to levy fines, enforce retractions, and in certain situations, initiate legal proceedings against offenders. The case of Chiara Ferragni exemplifies the significant impact of such controversies.

A High-Profile Misstep: The Chiara Ferragni Case

Image credit: Ilgiornale.it

The controversy, also known as “Pandoro-Gate,” involves misleading charity claims linked to sales of a Christmas cake branded with Ferragni’s logo. Italy’s antitrust authority fined her €1 million for failing to clearly communicate the charity aspect of the sales, while the involved confectionery company, Balocco, was fined €420,000. Despite initial claims that a portion of the proceeds would support a hospital, it was revealed that Balocco had made a pre-campaign donation of €50,000, with no additional funds from the sales.

The financial repercussions for Ferragni and Balocco were significant, but the damage extended beyond their bank accounts. Ferragni’s image, built on a foundation of trust and authenticity with her followers, suffered a substantial blow. The backlash from the public and media highlighted the fragile nature of influencer credibility. In response, Ferragni apologized and pledged to donate €1 million to the hospital, attempting to mend her tarnished reputation. She also contested the fine, deeming it disproportionate, which sparked a debate on the fairness of penalties in influencer marketing misconduct.

The Broader Impact: Why It Matters?

This case underscores a critical issue in the digital marketing space: the delicate balance between creative freedom and legal responsibility. For the legal community, these evolving challenges need a deep understanding of digital commerce and its implications for traditional advertising law. Economically, the integrity of influencer marketing can significantly shape consumer trust and spending patterns. Influencers, for their part, must develop their professional path carefully, balancing their promotional activities with transparency to maintain credibility and avoid legal pitfalls.

The Significance for Legal Fields, Economy, and Influencers

The ongoing developments in the regulation of influencer marketing highlight its importance not just to the legal community, but to the broader economy and the influencers themselves. For legal professionals, these cases present new challenges and opportunities in interpreting and applying laws in the digital domain. Economically, the transparency and integrity of influencer marketing practices can significantly impact consumer trust and spending. For influencers, understanding and adhering to these regulations is crucial not only for maintaining credibility and trust with their audience but also for protecting themselves from legal repercussions.

Navigating the Future of Influencer Marketing

Influencer marketing continues to evolve a growing trend towards improvement in ethical standards and legal compliance. Regulatory bodies are becoming increasingly vigilant in enforcing transparency and consumer protection laws, prompting influencers and brands alike to adopt more responsible practices. With the rise of influencer marketing as a significant component of digital advertising, there is a collective recognition of the importance of maintaining trust and integrity in the industry.

As influencers navigate the legal and ethical complexities of their profession, there is a concerted effort to educate themselves about the relevant regulations and guidelines. Brands are also more discerning in their selection of influencers, prioritizing those who demonstrate a commitment to ethical marketing practices. Additionally, advancements in technology provide tools and resources to facilitate compliance with regulatory requirements, such as automated disclosure tools for sponsored content.

In conclusion, while challenges persist in ensuring full compliance and ethical conduct in influencer marketing, there is a positive trajectory towards improvement. The concerted efforts of influencers, brands, and regulatory authorities contribute to creating a more transparent, trustworthy, and accountable digital advertising ecosystem. By upholding ethical standards and legal obligations, influencers play a crucial role in maintaining the integrity of the industry and fostering consumer trust. As influencer marketing continues to mature, the commitment to ethical conduct will remain essential in shaping its future trajectory.

Author:

Felipe Jaruche, an accomplished legal professional, showcases expertise in corporate law and the dynamic interplay of the fashion industry. Beyond the corporate realm, Felipe accentuates a global, inclusive, and ethically informed approach within the broader socio-political context of the fashion industry. He holds a Masters and PhD studies in humanities, being also part of the European Solidarity Corps in Italy for the past years. Felipe’s analyses encompass sociology and human rights, offering comprehensive insights.

In the present world of fashion driven social media where even socks dream of becoming stars and belts secretly aspire to hold more than just pants, these words of Ralph Lauren ring truer than ever. Fashion isn’t about a piece of clothing anymore, it’s about crafting stories as intricate as a perfectly knitted sweater, diving into fantasies wilder than the animal printed suits, and most importantly about daring to dream bigger than those oversized pants that seem too large for a single person.

But dreams don’t come as we see it, they come with challenges and behind every elegant dress and bejewelled blazer, there’s a saga as dramatic as Indian tele soap. Behind the glam fam lie the trademark tussles, where brands bump heads over logos, slogans, signature styles, and even colour. From Gucci’s double Gs to the Nike’s iconic swoosh, these trademarks aren’t mere symbols, they are embodiment of a brand’s identity, they are holy grail, the secret sauce and sometimes, the subject of some seriously funny legal showdowns.

The fashion industry isn’t just about laces and bows; it’s also a legal maze where creativity collides with legality and fierce catwalk can save one from the court drama. Over the years, several groundbreaking judgments have set precedents and transformed the fashion industry. Here are the ten landmark judgements, each has left its own unique imprint on the ever-changing canvas of fashion industry.

1. Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr.[1]

In this landmark judgement, Chanel, the undisputed queen of luxury, took on against the defendant’s using the mark “SHANELLE” for similar products. Chanel filed a suit seeing injunction based on the deceptive similarity between the marks. Chanel argued that its trademark “CHANEL” had been in use since 1925 and is globally well renowned entitling it to protection under Trademarks Act, 1999. Whereas the defendant argued that its use of the mark “SHANELLE” was bona fide and was not deceptively similar to Chanel’s mark. The court held that the defendant failed to provide reasonable justification for its adoption of the mark “SHANELLE” and that the marks were phonetically similar, likely to cause confusion among consumers. In the light of such observations, the court granted interim injunction in favour ofChanel. This groundbreaking judgement sent a message to the infringers everywhere: Cross Chanel and find yourself in legal threads. Talk about haute couture drama!

2. Gucci America, Inc. v. Guess?, Inc. Gucci Am., Inc. v. Guess?, Inc.[2]

This dispute was initiated by a global fashion company which is renowned as one of the largest luxury-products brands in the world, Gucci America, Inc. (Gucci) alleging Guess? Inc. (Guess), another well renowned brand, for trademark infringement and counterfeiting. Gucci levered several accusations against Guess, among others, that certain of Guess’s products had infringed and diluted different Gucci trademarks and trade dress, which included Gucci’s green-red-green stripe mark, repeating GG pattern and diamond motif trade dress, asserting that Guess’s actions amounted to an infringement of Gucci’s intellectual property rights.

After thorough examination and meticulously reviewing the evidence in hand, the court ruled in favour of Gucci. While awarding the damages, it was considered by the court that while Guess did infringe three of the alleged designs but did not infringe a fourth. Moreover while considering other claims of Gucci, the judge didn’t seem quite impressed, it seemed to the judge that Gucci had been aware of Guess’s infringement activities for several years. It was pointed out that such delay by Gucci in pursuing infringement claim along with had caused prejudice to Guess.

This judgement doesn’t only assert the protection of of intellectual property rights but also leaves a message that trademark holders must be vigilant and act promptly in safeguarding their trademarks when they sense infringement.

3. Campbell v. Acuff-Rose Music, Inc.[3]

Acuff-Rose Music, Inc. initiated a lawsuit against 2 Live Crew and their record company, alleging that 2 Live Crew’s song “Pretty Woman” infringed Acuff-Rose’s copyright in Roy Orbison’s “Oh, Pretty Woman.” The District Court ruled in favor of 2 Live Crew, determining that their song constituted a parody that fairly used the original work. However, the Court of Appeals overturned this decision, stating that the commercial aspect of the parody created a presumption of unfairness. Further, the Supreme Court ruled that the commercial aspect of a parody is just one factor to consider in determining fair use. The Court criticized the Appeals Court for placing undue weight on the commercial nature of the parody and failing to properly assess the transformative nature of parody in assessing the extent of copying. The Court emphasized that no presumption of unfairness should be applied solely based on commerciality, as it does not address the purpose of the use or potential market harm.

This landmark case established the concept of transformative use in copyright law, allowing fashion designers to create transformative works inspired by existing designs without infringing on copyright.

4. Star Athletica, L.L.C. v. Varsity Brands, Inc.[4]

In this landmark judgment, LLC, Varsity, a company specializing in athletic clothing and accessories or say reigning champs of athletic apparel, filed a lawsuit against Star Athletica, LLC, alleging copyright infringement. Varsity accused that Star’s designs closely resembled their copyrighted designs used in cheerleading uniforms. Star counter argued that Varsity’s designs were not eligible for copyright protection because they were part of useful articles (uniforms) and were inseparable from their functional purpose, basically stating that something that’s just part of a practical, everyday outfit cannot be copyrighted. Both parties filed motions for summary judgment. The district court ruled in favor of Star, stating that the designs were integral to the uniforms’ functionality. However, the Sixth Circuit Court of Appeals reversed this decision, determining that the Copyright Act permits graphic features of a design to be copyrighted, even if they are not separable from a useful article.

The Supreme Court laid down two ket criteria of eligibility for copyright protection for a feature incorporated into the design of a useful article. First, that the feature must be capable of being perceived as a 2D or 3D work of art distinct from the useful article itself, meaning, it should have an artistic or aesthetic quality that can be appreciated independently of its utilitarian function. Second, that the feature must meet the requirements of being a protectable pictorial, graphic, or sculptural work, either on its own or if it were separated from the useful article and fixed in some other tangible medium of expression.

In the case of Kieselstein-Cord (KC) v. Accessories by Pearl (Pearl), Inc., the legal ramp was lit up with a serious debate over eligibility for copyright protection of belt buckles. KC filed suit against Pearl for copyright and trademark infringement along with unfair competition upon which Pearl filed summary judgment on ground the KC’s belt buckles are not copyrightable. The center issue was whether the decorative belt buckles in question could be protected under copyright law or whether they were deemed utilitarian items ineligible for protection under copyright law. Initially, it was ruled by the District Court as buckles are part of a useful article, they fail to meet the threshold of eligibility criteria for copyright protection. However, the Second Circuit overturned the judgement emphasising the artistic and ornamental aspects of the buckle thereby establishing their separability from the utilitarian function of the belt. It was acknowledged how these bejewelled buckles weren’t just hanging out on waistbands as showcased in prestigious venues like Met gala, indicating their versatility beyond their intended purpose. That’s when the new fashion mantra echoed, “Buckle up, buttercups, it’s Copyright Couture”.

5. Chanel, Inc. v. What Goes Around Comes Around, LLC[5]

Or should we say Haute Couture versus Vintage Chic? Chanel, the queen of fashion spares no one. Chanel initiated a legal suit against What Goes Around Comes Around, LLC (WGACA), a vintage clothing retailer, for allegedly selling counterfeit and some unauthorised Chanel products. In the lawsuit, Chanel accused WGACA of trademark infringement, false advertising and unfair competition.

After years of litigation, a New York federal jury in February 2024 ruled in favour of Chanel on all four stated causes of action. This judgment underscores Chanel’s unwavering commitment to safeguarding its brand image and value it places on its trademark and sets it as an example for the fashion industry to actively monitor the market for potential infringement threats and pursue legal action when needed to uphold its intellectual property rights and preserve the integrity of their brand.

6. Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC[6]

One may think what a fashion brand has to do with brand engaged in pet accessories but here’s the legal scenario where luxury meets puppy love. Louis Vuitton, the luxury titan found itself in a legal pawdicament when it took on Haute Diggity Dog, LLC, a company renowned for its whimsical pet toys. The bone of contention here was the launch of Haute Diggity Dog’s “Chewy Vuiton” line of dog toys as a playful parody of Louis Vuitton’s iconic designs. Louis Vuitton without taking a breath, unleashed its cry for legal rights alleging trademark infringement faster than one could say, “fetch”.

With wagging tails, Haute Diggity Dog argued that the toys were harmless playful things and nothing more than a playful nod to luxury fashion. The court considered that the Haute Diggity Dog’s products weren’t promoted, produced, or intended to rival against Louis Vuitton and hence refused to support the infringement claim. Despite Louis Vuitton’s futile attempt to argue that Haute Diggity Dog’s products posed a hazard to dogs, the court dismissed this assertion, affirming the District Court’s ruling in favour of Haute Diggity Dog on all claims.

This judgement underscored the importance of safeguarding parody as a form of free expression, while reminding fashion brands to carefully consider the implications of legal action on brand image. Haute Diggity Dog’s victory was a tail-wagging triumph for parody lovers everywhere, reminding fashion bigwigs that a little humour never hurt anyone’s brand image.

7. Hermès v. Rothschild[7]

The recent legal clash between luxury fashion and digital art, Hermès and Mason Rothschild over MetaBirkin NFTs, has emerged as a landmark judgement in application of trademark law to non-fungible tokens (NFTs). Intellectual Property Rights are meant to safeguard creator’s rights, but their application to NFTs remains the least discovered area, and the present case acts as a crucial step in the evolving route of intersection of intellectual property rights and NFTs.

The dispute between the luxury brand Hermès and artist Mason Rothschild was over the creation and sell of MetaBirkin NFTs. Hermès accused Rothschild trademark infringement, brand dilution, and cybersquatting over Rothschild’s NFTs, which depicted fur-covered versions of its iconic Birkin bags. The jury ruled in favour of Hermès in the check-list style, checking off all the accusations in the list or more like a legal version of Bingo, but only, Hermès shouting “Birkin!” instead of Bingo.

The judgement sets precedent for the cases involving application of trademark law to NFTs, by establishing that the creation and sale of NFTs could indeed infringe existing trademark rights for non-NFT uses.

8. Theriot v. Louis Vuitton North America, Inc.[8]

In 2022, a class action lawsuit was filed against Louis Vuitton North America for allegedly collecting consumers’ biometric data by way of a virtual try-on tool on its site, failing to obtain prior consent from the consumers. The virtual try-on tool has emerged as a popular tool, highly used by fashion and beauty brands to enhance the online shopping experiences for their customers which operates by collecting prospective consumers’s images and processing to show how a particular product of the brand would appear on their facial geometry. Likewise, the try-on feature by LVNA provided the opportunity to everyone to try in the latest shades and handbags. However, the plaintiffs hailing from Illinois argued that LVMA by failing to provide written notice regarding the collection of consumers’ face, the purpose of such collection, and for how long the data would be retained. Responding to the allegations, LVMA moved to dismiss the claim by contending that the facial recognition technology was developed by a third-party company and the same is responsible for collecting biometric information. The court here stated that the actual roles and responsibilities of the companies involved in the biometric data collection process constitutes factual question to be resolved in the later stages of proceedings. However, the court did dismiss one charge alleging that LVNA violated BIPA by failing to have a written biometric policy stating that the plaintiffs had failed to demonstrate a particularised harm from absence of such policy.

The ruling marks a significant improvement in the evolving nature of consumer expectations in the digital era where transparency becomes a matter of concern, emphasising the development in the legal scenario surrounding privacy rights and corporate responsibility, particularly in the context of e-commerce and online retail.

9. Industria de Diseño Textil, SA Inditex v European Union Intellectual Property Office (EUIPO) [9]

On 11 April 2019 the EU General Court delivered its judgment in the matter between Inditex, the parent company of well-known brand, Zara and EUIPO demonstrating the far reaching, evolving nature of fashion brands and the markets they can operate in and are expanding into. The dispute arose over the trademark application for the figurative mark, “ZARA TANZANIA ADVENTURES” for services in classes 39, 41 and 43, encompassing travel and tourism services, entertainment for tourists and other travel agency services. Inditex filed opposition against the application based on the existence of its two earlier trademarks, one, an EU word mark “ZARA,” registered in classes 25, 39, and 42 and another, same word mark registered in classes 35 and 41. To this the question arises, why a fashion brand would register its trademark in the classes of travel sector? This is because of the change in wind blowing through the fashion industry where brands have been transforming into lifestyle behemoths which becomes relevant from the existing ventures of Gucci and Ralph Lauren entering into the world of food, travel, and hospitality. Even Vivienne Westwood and Martin Grant have been on board with major carriers giving airline uniforms a fashion makeover. This shows the symbiotic relationship between fashion and travel which is often seen in the pages of glossy magazines.

The court ruled in the favour of Inditex, emphasising the importance of considering the strength of the brand’s earlier marks, reputation and their degree of distinctiveness in the market. The court asserted that the risk of unfair advantage cannot be ignored despite differences in goods and services, all relevant factors are to be considered to assess the potential risk.

10. Equal Employment Opportunity Commission V. Abercrombie & Fitch Stores, Inc.[10]

The present judgement stands as an important one in regards to employment discrimination law. The gist of the cases lies in the “Look Policy” of Aabercombie & Fitch that prohibited certain clothing items like “cap”, without clearly defining it based on which they refused to hire one Samantha Elauf, a practising Muslim woman who wore a headscarf to her interview. The issues raised were whether Abercombie’s refusal to hire Samantha only on the basis of her wearing “hijab” a violation of Title VII of the Civil Rights Act constituting discrimination based on religious beliefs and whether the title VII requires employers to have actual knowledge of the applicant’s requirement for a religious accommodation before being held liable for discrimination. The Court clarified that in determining discrimination under Title VII of the Civil Rights Act, employer’s intent is more crucial than the actual knowledge emphasising the importance of accommodating religious beliefs in the workplace even if not explicitly mentioned by the employee. The court also highlighted that Title VII prohibits employers from making an applicant’s religious practice a factor in making hiring decisions.

In the end, the lawsuit was amicably resolved by a Consent Decree which provided that Abercombie would pay $50 million to settle the present lawsuit along with two other private class actions. The Consent Decree also prohibited Abercrombie from engaging in discriminatory practices based on race, colour, national origin, sex, and ensured equal promotional opportunities for women and minorities.

This landmark judgement underscores the need for employers to review and potentially adjust their policies to comply with Title VII and to train their staff accordingly. This case set a precedent for protecting religious freedoms in the workplace and preventing discrimination based on religious attire or practices.

Abercombie & Fitch had had its exclusive moments, not exactly worthy of fashion spread. It has lived its fair share of scrutiny over its discriminatory practices based on race, gender, and even disability. But like phoenix, Abercombie has risen from the ashes, with each legal dispute being a lesson to evolution, not forgetting that this redemption demands hefty legal fees and settlement agreements.

In conclusion, these judgments highlight the importance of trademark protection and the need to safeguard against deceptive practices in the competitive world of commerce. From Chanel’s victory over SHANELLE’s phonetic hijinks to Crocs’ lesson in the complexities of design and trademark law, each case underscores the significance of preserving brand identity and consumer trust.

[1] 2003 (26) PTC 52 (Delhi)

[2] 831 F. Supp. 2d 723, 102 U.S.P.Q.2d 1225 (S.D.N.Y. 2011)

[3] 510 U.S. 569 (1994)

[4] 580 U.S. ___ (2017)

[5] 1:18-cv-02253 (S.D.N.Y.)

[6] 507 F.3d 252, 84 U.S.P.Q.2D (BNA) 1969

[7] 22-cv-384 (JSR)

[8] 1:22-cv-02944

[9] ECLI:EU:T:2019:241

[10] 575 U.S. 768, 135 S. Ct. 2028 (2015)

Author:

Sanjana Bishnoi, (Intern at Fashion Law Journal) a fifth-year law student at Bennett University, explores the intersection of law and fashion. With a hobby in art and craft and a keen interest in fashion, she delves into the legal landscape of the fashion world. With this article, she attend to bring the readers’ attention towards top ten landmark judgement that has shaped fashion industry.