Aesthetic Functionality And Fashion Law: An Inquiry Into The Limits Of Trademark Protection In The Fashion Industry
- IJLLR Journal
- Feb 17
- 1 min read
Shino Susan George, LL.M., Christ (Deemed to be University), Bengaluru
ABSTRACT
Fashion is inherently aesthetic, with designers relying on visual elements to distinguish their creations and build brand equity. It has given rise to complex debates over the possible implications of fashion designs. A key feature of these discussions has been the so-called doctrine of aesthetic functionality. This rule asks the degree to which trademarks can guard design features that perform a decorative function instead of indicating source. Based on aesthetic functionality, this research critically analyses the applicability and constraints of trademark protection in the Indian fashion business. In this study, we will review the manner in which the Indian Courts and IP Authorities have used and applied trademark law on patterns, shapes, colours and embellishments that are purely aesthetically pleasing and yet could potentially deliver a commercial value by creating an element of choice in consumer preference. Based on the comparative analysis from countries like the US and the EU, the study will evaluate the extent to which the current legislation in India provides an adequate balance to the interests of designers and consumers and protects against the monopolisation of aesthetic functionality characteristics. Finally, the proposed research will make a small contribution to the broader discussion on fashion law in India by proposing a more refined sense of aesthetic functionality that would sit comfortably with the best global practices and with the emerging fashion landscape in India.
Keywords: Aesthetic, Functionality, Trademark, Fashion law, Non- Traditional Marks, Competition
