Brand Protection In India’s Fashion Industry: A Doctrinal Analysis Of Anti-Counterfeiting Law

Aishwarya V & Nivedita Rajesh, B.B.A. LL. B (Hons.), SASTRA University, Thanjavur

ABSTRACT

The fashion industry in India is thriving, merging traditional textiles with contemporary designs and significantly contributing to the economy and cultural identity. However, counterfeit goods have emerged as a major challenge, compromising brand revenues, consumer safety, and market integrity. This paper aims to conduct a doctrinal analysis of India’s anti- counterfeiting laws, examining their effectiveness and challenges within the fashion industry. It explores critical aspects of trademark protection, consumer awareness, and enforcement mechanisms. With the rise in counterfeits driven by urbanization and demand for luxury goods, the study highlights the need for more stringent measures to safeguard brands and maintain consumer trust in India’s expanding fashion market.

Keywords: counterfeit, fashion industry, luxury counterfeit, passing off, trademarks, deceptive similarity, likelihood of confusion, trademarks, comparison