Fashion law in transition: From afterthought to asset in the India–UK legal landscape

There was a time when fashion was dismissed as fleeting—ephemeral, aesthetic, and largely detached from the rigour of law. Intellectual property, in its traditional sense, belonged to industries that were easier to define: pharmaceuticals, technology, literature. Fashion, by contrast, seemed too seasonal, too derivative, too fast-moving to warrant serious legal scrutiny.

Today, that assumption stands dismantled.

Fashion law has emerged not only as a recognised niche but as a powerful, evolving legal discipline—one that sits at the intersection of creativity, commerce, identity, and globalisation. It is no longer merely about protecting logos or preventing counterfeits; it is about safeguarding cultural narratives, regulating digital innovation, structuring brand value, and enabling monetisation.

This transformation has been particularly striking when viewed through the lens of a UK–India legal trajectory—where structured legal frameworks abroad meet rapidly evolving, culturally rich markets at home.

In the early 2000s, fashion law—especially in jurisdictions like India—was largely fragmented. Legal protection existed, but it was not consciously applied to fashion as an industry. Designers relied loosely on copyright law, occasionally on trademarks, and rarely on design registration. Enforcement was weak, awareness was minimal, and infringement was often dismissed as “inspiration.”

Meanwhile, in the United Kingdom and parts of Europe, a more structured approach was already taking shape. Concepts such as unregistered design rights, registered community designs, and stronger trademark enforcement began offering layered protection to fashion houses.

Even then, however, fashion law was still emerging—it was not yet the powerful commercial tool it is today.

The real shift occurred when fashion stopped being just about clothing—and became about identity, storytelling, and global capital.

A defining moment in India’s fashion law narrative can be traced to controversies like the Prada Kolhapuri case, where a global luxury house showcased footwear strikingly similar to traditional Kolhapuri chappals—without immediate acknowledgment of their cultural origin.

What this incident did was far more significant than spark outrage. It highlighted three critical gaps: 

• The lack of formal protection for traditional knowledge and craftsmanship 

• The disconnect between global luxury markets and local cultural heritage 

• The urgent need to bridge fashion and intellectual property awareness in India 

This was not merely a design dispute—it was a cultural and legal awakening.

It forced the industry to confront a difficult question: Who owns tradition? And how should the law respond when heritage is commercialised without credit?

Parallel to these developments, international luxury disputes were shaping the global understanding of fashion law. Cases involving brands like Louis Vuitton, Gucci, and Hermès brought trademark protection, trade dress, and brand dilution into mainstream discourse.

One of the most talked-about modern examples is the Hermès “MetaBirkin” dispute, where digital artists created NFT-based versions of the iconic Birkin bag.

The case raised critical questions: 

• Can digital representations infringe physical trademarks? 

• How does intellectual property extend into the metaverse? 

• Where does artistic expression end and commercial exploitation begin?

The verdict reaffirmed that brand identity transcends medium—whether physical or digital.

This marked a crucial evolution: fashion law was no longer confined to garments. It had entered the realm of technology, data, and virtual assets.

India’s fashion ecosystem has grown exponentially—driven by startups, D2C brands, influencer culture, and global collaborations. Yet, legal awareness has not always kept pace. For years, designers and founders operated with a reactive mindset—addressing legal issues only when disputes arose. Today, that narrative is shifting.

Fashion law in India is increasingly being recognised as: 

• A preventive tool rather than a reactive one 

• A business strategy rather than a compliance burden 

• A means of monetisation rather than just protection 

Young designers are now asking the right questions: 

• Should I trademark my brand before launch? 

• Can I protect my prints and patterns? 

• How do I structure collaborations legally? 

• What rights do I retain over my designs in a digital marketplace? 

This shift in mindset is, perhaps, the most significant milestone in the evolution of fashion law in India.

It was this very gap—between legal potential and industry awareness—that shaped my journey. Having completed my legal education in the United Kingdom, where fashion law was already gaining traction, I returned to India with a different perspective. The contrast was stark. 

In the UK, fashion law was structured, discussed, and integrated into industry practice. In India, it was scattered, under-recognised, and often misunderstood. 

Instead of following a purely traditional legal path, I chose to build something that could bridge this gap.  That decision led to the creation of Regally Legal—a platform designed to operate at the intersection of fashion, intellectual property, and business strategy. The goal was simple: To make fashion law accessible, practical, and relevant. 

Since then, the platform has evolved into a space where students, designers, founders, and legal professionals engage with real-world issues—through masterclasses, content, collaborations, and conversations. 

And yet, despite this progress, one truth remains clear: Fashion law in India is still in its early stages.

Perhaps the most exciting development in recent years is the role of fashion law in value creation. Today, intellectual property is not just about protection—it is about building and monetising brand identity.

Consider the modern fashion entrepreneur: 

• A logo is not just a design—it is a trademarked asset 

• A pattern is not just aesthetic—it is a protectable design 

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• A collaboration is not just creative—it is a contractual relationship

• A social media presence is not just engagement—it is brand equity 

Fashion law enables all of this. It allows brands to license their designs, expand globally with legal certainty, protect themselves from duplication, build investor confidence and structure collaborations strategically. In essence, it transforms creativity into commercial power. 

The rise of digital platforms has further accelerated the importance of fashion law. Instagram, e-commerce, and influencer marketing have blurred the lines between creator, consumer, and brand.

This has introduced new legal challenges: 

• Ownership of digital content 

• Protection of online branding 

• Misuse of images and designs 

• Influencer agreements and disclosures 

• Counterfeiting in online marketplaces

Fashion law today must navigate this complex ecosystem—where a design can be copied, modified, and sold globally within hours. The law is still catching up—but the conversation has begun.

One of the most debated aspects of fashion law remains the thin line between inspiration and infringement. Fashion, by nature, builds on existing ideas. Trends evolve through reinterpretation. But where does one draw the line?

The Prada Kolhapuri controversy, along with numerous global disputes, highlights the need for clearer frameworks—especially when it comes to cultural heritage, traditional craftsmanship and indigenous knowledge systems.

India, with its rich textile history and artisanal legacy, stands at a unique crossroads. Protecting this heritage is not just a legal necessity—it is a cultural responsibility.

Despite its growth, fashion law in India faces several challenges: 

• Limited awareness among small and emerging designers 

• Lack of specialised legal education in fashion law

• Weak enforcement mechanisms in certain areas

• Ambiguity in protecting traditional designs

However, these challenges also present opportunities. There is immense scope for academic integration of fashion law into legal and design curricula, policy-level reforms to protect cultural heritage, stronger collaboration between lawyers and designers, and greater use of technology in enforcement. The future of fashion law lies in its ability to adapt—to culture, to commerce, and to change.

Fashion law is no longer an afterthought. It is a living, evolving discipline—one that reflects the changing nature of creativity, ownership, and value. From the early days of fragmented protection to today’s complex global disputes, the journey of fashion law has been both dynamic and necessary. And yet, we are only at the beginning. 

For students, it offers a new and exciting legal frontier. For designers, it provides security and structure. For brands, it unlocks growth and monetisation. For the industry as a whole, it brings legitimacy and protection. 

As someone working at the intersection of these worlds, I see fashion law not just as a profession, but as a movement. A movement that seeks to ensure that creativity is not just celebrated, but protected, respected, and valued. As platforms like Regally Legal continue to push this conversation forward, one thing is certain: Fashion law in India is no longer emerging—it is arriving.

About the author: Abhaia Sharma is a fashion lawyer and the founder of Regally Legal.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

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