Trade Dress Protection For Soft Toys: An Analysis Of Its Scope And Challenges Under Indian Intellectual Property Law
- IJLLR Journal
- Sep 27
- 2 min read
G R Satya Sanjana, BBA LLB (Hons.), School of Law, SASTRA Deemed to be University, Thanjavur, Tamil Nadu, India
Varshini B, BA LLB (Hons.), School of Law, SASTRA Deemed to be University, Thanjavur, Tamil Nadu, India
ABSTRACT
One of the major concerns in today's marketplace is protecting a product's unique visual identity, commonly referred to as trade dress. This research paper observes the scope and challenges for trade dress protection for soft toys under Indian intellectual property legislation. Though the manufacturers rely on these characteristics to create their brand image, the legal framework for protecting the unique shapes, colour combinations, and textures of soft toys is uncertain. The Trade Marks Act of 1999 and the Designs Act of 2000 overlap, resulting in this confusion. In contrast to packaging trade dress, which has been subject to significant litigation, protecting product configuration, especially for soft toys, remains a grey area. This paper seeks to address this legal gap by examining how Indian courts have interpreted trade dress and its relevance to soft toys. It will critically analyse the challenges posed by the functionality doctrine, which denies protection to features necessary for a product's use, and also the overlap of IP rights, which often coerces manufacturers to choose among different forms of protection. Additionally, the paper will examine the effectiveness of current enforcement mechanisms in combating counterfeit soft toys. The paper provides an analysis of important key legal statutes and a review of critical judicial precedents. This research shall discuss some of the key questions, such as whether the existing trade dress framework could effectively protect the appearance of soft toys and whether manufacturers can overcome the complexities of overlapping IP laws. The paper will also suggest solutions for resolving these issues and propose reforms to increase the protection.
Keywords: Intellectual Property Law, Trade Dress, Soft Toys, Trade Marks Act, Designs Act, Distinctiveness, Brand Identity, Functionality Doctrine, Counterfeiting, Enforcement, Legal Overlap, Product Configuration.
