Recently the Delhi High Court while awarding the judgment in Midas Hygiene Industries Pvt. Ltd. vs. Sudhir Bhatia (Regular First Appeal No: 239, 240 and 241 of 2011) held that the LABELS on packages of goods are excluded from the
The Fashion Industry is an Intellectual property intensive industry as it is that industry that involves continuous creation of new and innovative ideas that are commercially exploited. If you just look at your reflection in the mirror, you will find that you are literally wearing “ Intellectual Property ”. The brand that you are wearing is most probably protected under trademark law, the floral design or any other like pattern on the dress is a design and can be protected under the Designs law and of course, any artistic work can be protected under the Copyright law (if, not protected under Designs law). Oh, let’s not forget, you can even license it to others and benefit out of it in terms of money and recognition. Like the music industry, the fashion business is rife with unauthorized copying. Logically, protection under design law for the Fashion Industry is most fitting.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.