AN ANALYSIS OF TRADEMARK LAW CONFLICTS IN THE GLOBAL FASHION INDUSTRY
AUTHOR – DIVYANSHI SINGH, LL.M. (MASTER OF LAWS) | AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, NOIDA
BEST CITATION – DIVYANSHI SINGH, AN ANALYSIS OF TRADEMARK LAW CONFLICTS IN THE GLOBAL FASHION INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 100-113, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The global fashion industry—valued at approximately USD 1.7 trillion in 2023—is among the most innovation-driven and brand-dependent sectors of the world economy. Trademark law serves as the primary legal instrument through which fashion brands protect their identities, preserve consumer trust, and sustain competitive advantage. This paper undertakes a comprehensive doctrinal and comparative analysis of trademark law conflicts arising within the global fashion industry, examining them through the intersecting prisms of globalization, rapid digital transformation, and the fast-fashion phenomenon. The principal conflicts examined are: trademark infringement and passing off; counterfeiting and the proliferation of knock-offs; brand dilution; parallel imports and grey market trade; conflicts arising from similarity of marks and trade dress; and cross-border jurisdictional fragmentation. The paper further interrogates how e-commerce platforms, social media algorithms, and virtual goods markets have fundamentally altered the enforcement landscape, rendering traditional territorial remedies inadequate. Through a systematic comparison of trademark protection frameworks in the United States (Lanham Act), the European Union (EU Trade Mark Regulation), and India (Trade Marks Act, 1999), anchored in ten landmark judicial decisions from 2007 to 2026, the paper evaluates both the strengths and structural gaps of existing legal regimes. The roles of foundational international instruments—the TRIPS Agreement, the Paris Convention, and the Madrid System—are also assessed. The central hypothesis advanced—that more effective, harmonized trademark protection is urgently required to reduce legal conflicts in the fashion industry—is substantiated by both the comparative and jurisprudential analysis. The paper concludes with eight evidence-based policy recommendations directed at legislatures, international organisations, fashion brands, and e-commerce intermediaries.
Keywords: Trademark Law · Fashion Industry · Counterfeiting · Trade Dress · Passing Off · Brand Dilution · TRIPS Agreement · Cross-Border Disputes · Grey Markets · Fast Fashion · Non-Traditional Marks · Digital Fashion · NFTs