The fashion industry has always borrowed from trends, aesthetics, and cultural influences. 
However, the emergence of what is popularly known as "dupe culture" has fundamentally altered the conversation surrounding intellectual property rights in fashion. Social media platforms are flooded with content encouraging consumers to purchase products that look substantially similar to luxury goods at a fraction of the price. Retailers openly advertise products as alternatives to high-end brands, while influencers frequently promote such products as affordable substitutes. The commercial success of this phenomenon has created a legal battleground where trademark law, design protection, unfair competition principles, and consumer perception intersect. Fashion brands invest enormous resources in developing distinct identities that extend far beyond logos and brand names.

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The value of a luxury product often lies not merely in its functionality but in its overall visual appearance, reputation, exclusivity, and consumer association. Consequently, when competitors attempt to replicate the distinctive elements of a product without directly copying a registered trademark, the question arises whether such conduct amounts to legitimate competition or unlawful appropriation of brand value. Under the Trade Marks Act, 1999, a registered proprietor enjoys exclusive rights over the use of its trademark in relation to goods and services for which the mark is registered. Trademark infringement traditionally involves the unauthorised use of an identical or deceptively similar mark that is likely to cause confusion among consumers. However, modern fashion disputes rarely involve direct copying of brand names. Instead, manufacturers often avoid the registered mark while replicating the overall appearance, colour combinations, patterns, product configuration, packaging, or other identifying features associated with a well-known brand. This is where the concept of trade dress assumes considerable importance. Although Indian trademark legislation does not expressly define trade dress, courts have recognised that the overall visual appearance of a product or its packaging may acquire distinctiveness and function as a source identifier.

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The shape of a handbag, the arrangement of design elements on footwear, the appearance of luxury packaging, or the distinctive configuration of a product may becomeprotectable where consumers associate those features with a particular brand. In such circumstances, copying the overall look and feel of a product may amount to passing off even in the absence of direct trademark infringement. Luxury fashion brands have increasingly relied upon passing off actions to protect commercial goodwill built over decades. The tort of passing off is founded upon the principle that no person should misrepresent their goods in a manner that causes consumers to believe that they originate from another source. Unlike statutory infringement actions, passing off claims focus on reputation, goodwill, and the likelihood of deception. As a result, even unregistered elements of a brand's identity may receive judicial protection if sufficient market recognition can be established. Apart from trademark protection, fashion businesses must also consider the significance of design rights. The Designs Act, 2000 provides protection for the visual features of shape, configuration, pattern, ornamentation, or composition applied to an article. Registered designs grant exclusive rights to the proprietor and provide a valuable enforcement mechanism against direct copying.

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However, the practical challenge lies in the limited duration of protection and the rapidly changing nature of fashion trends. Many products have a relatively short commercial life cycle, making timely registration and enforcement critical. The overlap between trademark protection and design protection frequently generates complex legal disputes. A design may initially be protected under the Designs Act while retaining the potential to acquire trademark significance over time. Luxury brands increasingly seek to convert iconic product features into indicators of commercial origin capable of attracting broader trademark protection. This strategy allows businesses to extend legal protection beyond the statutory duration available under design law and create a more robust enforcement framework against imitators. The rise of counterfeit goods presents a comparatively straightforward legal issue. Counterfeit products typically involve unauthorised use of a registered trademark and are intended to deceive consumers regarding the source of goods. Such activities constitute clear infringement and may attract civil remedies including injunctions, damages, rendition of accounts, delivery up of infringing goods, and in appropriate cases, criminal prosecution. Indian courts have generally adopted a strict approach towards counterfeiters, particularly where well-known trademarks are involved.
CREDITS: Contributed by Sonam Chandwani, Managing Partner, KS Legal & Associates. The content has not been edited and reviewed by us.

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