At Kashyap Partners & Associates, we provide services for the intellectual property of all kinds – including copyrights, patents and trademarks – and for every type of producer – from individual inventors to production houses registering works for hire. We also perform full IP audits and counseling in both India and the US – wherein we analyze and provide advisory opinions both on legal barriers and social mores relevant to your work.

1. KASHYAPPARTNERS&
ASSOCIATES
FASHION LAW OF
INDIA DE-CODED
MADHUR CHHABRA, ASSOCIATE
https://www.kpalegal.com/

2. KASHYAPPARTNERS&
ASSOCIATES
GLOBAL FASHION INDUSTRY IS WORTH
HUNDREDS OF BILLIONS OF DOLLARS.
AS SUCH, WHILE IP REPRESENTS THE
PROMINENT CONCERN OF THE FASHION
DESIGNER, AN INDUSTRY THIS LARGE
CANNOT BE A SINGLE FIELD OF LAW.
IT ENCOMPASSES CORPORATE
GOVERNANCE, REAL ESTATE, LABOR,
ADVERTISING, INTERNET AND
TECHNOLOGY, IMPORT/EXPORT & MORE.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

3. KASHYAPPARTNERS&
ASSOCIATES
FASHION INDUSTRY HAS UNIQUE
CHALLENGES BY VIRTUE OF ITS
MULTIPLE SEASONS, INTERNATIONAL
PRESENCE, AESTHETIC FOUNDATIONS,
ECONOMIC COMPLEXITIES, AND MORE.
ALL OF THESE FACTORS CAN BE SEEN IN
THE CENTRAL DOCUMENT OF THE
FASHION INDUSTRY: LICENSE
AGREEMENT.
EVEN THE MOST BASIC FASHION
LICENSE WILL ADDRESS IP
(PREDOMINANTLY TRADEMARK).
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

4. KASHYAPPARTNERS&
ASSOCIATES
TERRITORIES, AN INVOLVED DEFINITION OF
“NET PROFIT”, DISTRIBUTION CHANNELS,
APPROVAL RIGHTS, MARKETING, AND MORE.
ADD TO THAT THE GROWING NECESSITY FOR
EACH BRAND TO HAVE AN ONLINE PRESENCE.
THE EXPANSIVENESS AND COMPLEXITY OF
FASHION MAY BE DAUNTING BUT CAN ALSO BE
WELCOMING: THERE’S ROOM FOR EVERYBODY
AND ALWAYS MORE WORK TO BE DONE.
BECAUSE OF THE COMPLEX AND BLENDING
NATURE OF ARTICLES DESIGNED BY FASHION
DESIGNERS, THEY CAN BE PROTECTED UNDER
VARIOUS CATEGORIES OF INTELLECTUAL
PROPERTY.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

5. KASHYAPPARTNERS&
ASSOCIATES
THE SKETCH DESIGN CAN BE REGISTERED AS ARTISTIC
WORK UNDER THE COPYRIGHT ACT 1957;
THE ARTICLE DESIGN CAN BE WELL PROTECTED
UNDER THE DESIGNS ACT (UNDER CLASS 02, 03, 05 OF
THIRD SCHEDULE OF DESIGNS RULES, 2000);
COLOR COMBINATIONS CAN ALSO BE PROTECTED
UNDER THE COPYRIGHT ACT, 1957;
FABRIC OR ANY OTHER MATERIAL USED IN THE
ARTICLE CAN ALSO BE PROTECTED UNDER THE
DESIGNS ACT, 2000 AND PATENTS ACT, 1970 (IT
INVOLVES AN INVENTIVE STEP AND IS NOVEL);
LOGO DESIGNS CAN BE PROTECTED UNDER THE
TRADEMARKS ACT, 1999 WHERE THE LOGO IS PART OF
THE DESIGN.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
IP CATEGORIES IN FASHION INDUSTRY

6. KASHYAPPARTNERS&
ASSOCIATES
THE REWARDS OF A VALUABLE TRADEMARK ARE NOT
IMMEDIATE, AND FOR THAT REASON IS OFTEN
OVERLOOKED AS FASHION ENTREPRENEURS ATTEMPT
TO STRETCH TOWARDS GETTING ESTABLISHED.
NEVERTHELESS, A TRADEMARK CAN EXPAND UNTIL IT
PERVADES THE PLANET.
CONSEQUENTLY, THE DESIGNER’S INITIAL BUDGET
SHOULD INCLUDE A LINE ITEM FOR CLEARANCE AND
REGISTRATION OF A STRONG MARK THAT COULD ALSO
SERVE AS A BUSINESS NAME AND URL.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
Trademark in Fashion

7. KASHYAPPARTNERS&
ASSOCIATES
WORK PRODUCT SHOULD BE REVIEWED FREQUENTLY TO
IDENTIFY POTENTIAL MARKS BASED ON CONSUMER
REACTION TO PACKAGING, PATTERNS, COLORS, ETC.
AFTER ALL, A TRADEMARK IS UNLIKE OTHER IP IN THAT IT
IS THEORETICALLY PERPETUAL SO LONG AS IT REMAINS
IN USE IN COMMERCE.
THERE IS NO REASON A RESPECTED TRADEMARK
SHOULD NOT CONTINUE TO GAIN VALUE EACH SEASON.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
Trademark in Fashion

8. KASHYAPPARTNERS&
ASSOCIATES
TEXTILE PATTERNS
LOOK BOOKS
WEBSITES
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
Copyrights and Protection of Fashion
What could be copyrighted?

9. KASHYAPPARTNERS&
ASSOCIATES
COPYRIGHT
VS
COPYRIGHT
REGISTRATION
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

10. KASHYAPPARTNERS&
ASSOCIATES
COPYRIGHT EXISTS WITHOUT ANY FORMALITIES,
BUT BENEFITS FROM REGISTRATION.
THE MAIN ADVANTAGES OF REGISTRATION ARE A
PRIMA FACIE COPYRIGHT, ATTORNEY’S FEES, AND
STATUTORY DAMAGES- ALL ELEMENTS THAT
ESSENTIALLY SHIFT THE BURDEN OF PROOF, AND
ITS INCUMBENT COSTS, ONTO ANY ALLEGED
INFRINGER.
THE MONOPOLY ON COPYRIGHT COVERS
ANYTHING THAT IS IDENTICAL OR SUBSTANTIALLY
SIMILAR TO THE SUBJECT WORK.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

11. KASHYAPPARTNERS&
ASSOCIATES
WITH INTERNS, INDEPENDENT CONTRACTORS
AND EMPLOYEES, IT IS PARTICULARLY IMPORTANT
TO ESTABLISH OWNERSHIP OVER THEIR
COPYRIGHTABLE WORK.
UNDER THE COPYRIGHT ACT, A WORK-FOR-HIRE
CAN HAPPEN ONLY IN TWO CONTEXTS.
ONE IS THE EMPLOYER-EMPLOYEE CONTEXT
WHEREIN THE EMPLOYEE CREATES WORK IN THE
CONTEXT OF EMPLOYMENT.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
Work for hire Doctrine and the Assignment

12. KASHYAPPARTNERS&
ASSOCIATES
THEREFORE, SOMEONE EMPLOYED TO CREATE
SKETCHES WILL HAVE NO CLAIM OVER THOSE
SKETCHES.
STILL, DESIGNERS LIKE ALL EMPLOYERS MUST
RESIST THE TEMPTATION TO REFER TO SOMEONE
AS AN EMPLOYEE SOLELY FOR THE PURPOSE OF
CLAIMING ANY COPYRIGHTABLE WORK PRODUCT.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE
Work for hire Doctrine and the Assignment

13. KASHYAPPARTNERS&
ASSOCIATES
ILLUSTRATION –
RITIKA PRIVATE LIMITED
V.
BIBA APPARELS PRIVATE
LIMITED
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

14. KASHYAPPARTNERS&
ASSOCIATES
THE PLAINTIFF IS A FAMOUS BOUTIQUE APPAREL
DESIGNER BRAND IN INDIA.
THE DEFENDANT IS ALSO A FAMOUS APPAREL
DESIGNER AND MANUFACTURER IN INDIA.
BOTH COMPANIES DESIGN ATTRACTIVE
CONTEMPORARY ETHNIC WEAR – CREATIVE
FASHION.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

15. KASHYAPPARTNERS&
ASSOCIATES
THE PLAINTIFF BROUGHT A SUIT AGAINST THE
DEFENDANT SEEKING AN INJUNCTION AGAINST
THE DEFENDANT FROM REPRODUCING, PRINTING,
PUBLISHING, SELLING OR OFFERING, ETC. PRINTS
OR GARMENTS WHICH ARE A REPRODUCTION OF
THE PLAINTIFF’S PRINTS AND GARMENTS.
THE PLAINTIFF CLAIMED TO BE THE FIRST OWNER
OF THE COPYRIGHT IN THE ARTISTIC WORKS
RELATED TO THESE GARMENTS AND ALSO
CLAIMED TRADE SECRET VIOLATION BY ITS EX-
EMPLOYEES.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

16. KASHYAPPARTNERS&
ASSOCIATES
HOWEVER, THE PLAINTIFF ’S DESIGNS WERE NOT
REGISTERED UNDER THE DESIGNS ACT, 2000.
THE DEFENDANT, ON THE OTHER HAND, ARGUED
THAT THE PLAINTIFF’S CASE FELL SQUARELY
UNDER SECTION 15(2) OF THE COPYRIGHT ACT,
1957 I.E.
THE COPYRIGHT IN THE PLAINTIFF’S DESIGN
CEASED TO EXIST AS IT HAD BEEN REPRODUCED
MORE THAN 50 TIMES BY AN INDUSTRIAL
PROCESS.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

17. KASHYAPPARTNERS&
ASSOCIATES
THE SINGLE JUDGE OF THE DELHI HIGH COURT,
CITING IN DETAIL THE MICROFIBERS V. GIRDHAR
AND CO.
CASE, ON THIS VERY POINT, CAME TO THE
CONCLUSION THAT THE SUIT WAS BARRED BY
SECTION 15(2) OF THE COPYRIGHT ACT, 1957
AS THE PLAINTIFF’S COPYRIGHT IN THE SAID
WORKS HAD CEASED TO EXIST.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

18. KASHYAPPARTNERS&
ASSOCIATES
THEREFORE, RITU KUMAR BY REPRODUCING THE
SAID DESIGNS ON ITS APPARELS, MORE THAN 50
TIMES, WAS NOT ONLY DISENTITLED TO DESIGN
PROTECTION BUT ALSO DISENTITLED TO ENFORCE
ITS COPYRIGHT IN THE ORIGINAL DRAWING OF THE
DESIGN.
THE COURT CONCLUDED THAT THERE WAS NO
COPYRIGHT INFRINGEMENT, NOT BY COMPARING
THE SIMILARITY BETWEEN THE PLAINTIFF’S
PRINTS/DESIGNS AND THE DEFENDANT’S PRINTED
REPRODUCTION.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

19. KASHYAPPARTNERS&
ASSOCIATES
BUT BY HOLDING THAT THE DEFENDANT WAS
CREATING APPAREL BY AN INDUSTRIAL PROCESS
AND WAS NOT MERELY LIFTING AND AFFIXING A
PRINT TAKEN FROM THE COPYRIGHTED WORK OF
THE PLAINTIFF.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

20. KASHYAPPARTNERS&
ASSOCIATES
CONCLUSION
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MADHUR CHHABRA, ASSOCIATE

21. KASHYAPPARTNERS&
ASSOCIATES
IT CAN BE CONCLUDED BY THE FINDINGS IN THIS
BLOG THAT INDIAN LAW HAS NOT BEEN SUITABLY
AMENDED OR CREATED WITH RESPECT TO THE
FASHION INDUSTRY.
SPECIFIC LAWS TO SAFEGUARD THE PEOPLE,
DIRECTLY AND INDIRECTLY, INVOLVED IN THIS
INDUSTRY NEED TO BE SAFEGUARDED AND
PROVIDED FOR, WHETHER IN TERMS OF
MONETARY HELP OR OTHERWISE.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

22. KASHYAPPARTNERS&
ASSOCIATES
FASHION CONTRIBUTES IMMENSELY TO THE
ECONOMY IN TERMS OF REVENUES.
DIVERSE AND DYNAMIC FIELD OF FASHION NEEDS
TO BE EXPLORED AND BROUGHT TO THE NOTICE
OF ENTHUSIASTIC AND COMMITTED LEGAL MINDS,
WHO WILL STRIVE FOR ITS OFFICIAL INCLUSIONS
IN THE LAWS OF THIS COUNTRY AND THUS LEND A
HELPING HAND TO A SECTION OF SOCIETY THAT
THE PUBLIC SEES ONLY ONE SIDE OF.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

23. KASHYAPPARTNERS&
ASSOCIATES
THE FACT OF THE MATTER IS THAT IT MAY BE
DIFFICULT TO ENVISION A SET OF LAWS IN PLACE
FOR A PROFESSION THAT IS CONSIDERED “EASY”
IN INDIAN SOCIETY, BUT TRUTH IS THAT IT IS
ANYTHING BUT.
FASHION IS EXPRESSION AND TRADITION AND
DESERVES TO BE TREATED AS SUCH.
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE

24. KASHYAPPARTNERS&
ASSOCIATES
KASHYAP PARTNER & ASSOCIATES
ABW TOWERS, SUITE 305
IFFCO CHOWK, M.G. ROAD
GURUGRAM, HARYANA - 122002
INDIA
TELEPHONE: +91 9818369662,+91 9910018899
E-MAIL: INFO@KPALEGAL.COM
HTTPS: //WWW. KPALEGAL. COM/
MADHUR CHHABRA, ASSOCIATE