Counterfeiting has been rife in the fashion industry for as long as can be remembered, but it can be said that it has exploded into the mainstream since the “big brands” started to become popular after the turn of the 20th century. . The media and ease of access to information has cemented counterfeiting in the fashion industry, and it has actually become a sub-industry in itself! Recently, the viewers of the hit movie 2021 #House of Gucci (starring Adam Driver and the sultry Lady Gaga) were exposed to the proliferation of forgery in the fashion industry, as well as the attitude towards it in the 20th century – where in a rather iconic scene, the protagonists note that GUCCI fakes are of quite good quality and that the proliferation of GUCCI fakes in the market may not be a thing !
However, the attitudes of fashion giants have certainly changed in recent years, particularly due to factors such as the ease of access to the internet and social media (please see our previous articles on this topic at Faking it in fashion AND Counterfeiting of luxury goods – Guccio Gucci SPA v. Intiyaz Sheikh).
Although, the rather close connection between the fashion industry and the world of counterfeiting is understandable. The Fashion Industry is an expression of creativity that captures everyone’s imagination, and most importantly, it touches almost all of humanity and forms an integral part of everyday life. Thus, in the fashion industry, nothing is more important than the labels that indicate brand names, and the names of these brands are their respective legacies. Fashion is also known for its cultural heritage, elegance and colors in every region of the world. In the fashion industry, before the creation and widespread use of Brands, consumers were more concerned about quality, comfort, prices and design, but the same has been perverted with the passage of time. Nowadays, one would rather spend $50 on a fake item from a high fashion brand than spend $70 on the same product with much better production but from a less famous brand/ on demand.
However, with the gradual evolution of the fashion industry, and essentially its transformation into an economy of scale, through the mass production of clothing that began around the mid-nineteenth century, the fashion industry is facing a threat. of forgery on a scale hitherto unknown..
Currently, the fashion industry is one of the most popular and profitable industries in the world, and the industry is an integral part of everyday life.
IP in the fashion industry
Intellectual property rights are rights used to ensure the originality of ideas (and the expression of ideas) and are also used to protect one’s intellectual creation from those who would steal it or unjustly enrich it. In the context of the fashion industry, branding and reputation form the backbone of the industry – names such as GUCCI, Louis Vuitton, etc., carry a sense of gravitas and reverence that few other industries can match. In addition to trademarks/brands, designs/industrial designs as well as copyrights form part of the IP portfolio of members of the fashion industry.
Counterfeiting can be defined as an imitation of something else with the intent to deceive. People are selling duplicate goods of popular brands in local markets with slight differences but they are quite similar to the original in terms of patterns, design and color schemes. Further, as mentioned at the beginning of this section, counterfeits can also be of quite high quality, which in fact severely exacerbates the threat of counterfeiting in the industry.
The most popular market for counterfeiting is arguably clothing, followed by items such as watches, shoes, handbags and jewellery. Some of the most copied names include H&M, Gucci, Burberry, Hermes, Nike, Puma, Adidas, Blackberry and Cartier etc. Nowadays, in many bazaars or markets, one can hear many salesmen calling out to customers, claimed to sell exact copies (or “first copies”) of ABC brands. What is worse is that one can easily read such fakes online and have the same delivered to their homes.
As such, the cases of legal action being taken against counterfeiting in the fashion industry in India are increasing day by day. For example, in March 2021, the police had seized large quantities of counterfeits of popular brands, including Killer, Mufti, Allen Solly, Louis Philippe. They also confiscated large quantities of tags and labels of popular clothing brands. The seized goods were of great value 20 000 000 INR (20 million) through social media and online platforms. A case under Section 63 of the Copyright Act, 1957 and Section 420 of the Indian Penal Code was registered against two persons for selling fake clothes with different brand names1.
Counterfeiting in the Fashion Industry in India – Recent Trends
Some of the recent cases of trademark infringement and counterfeiting are as follows:
Guccio Gucci SPA v. Intiyaz Sheikh2
Global luxury giant Gucci received an ex-parte stay from the Tis Hazari District Court in Delhi, which stopped a local manufacturer from using the brand’s iconic logo on its products. The suit was brought by the plaintiff seeking to restrain the defendant from infringing its trademark and copyright in respect of substandard quality socks sold by them under the GUCCI brand. The Plaintiff learned that the Defendant was illegally manufacturing socks using the Plaintiff’s registered trademark and logo, and accordingly, in addition to the suit for permanent injunction, it filed for a temporary injunction along with a petition for the appointment of the Local Commissioner. to raid the premises of the defendant.
The court not only granted a permanent injunction in favor of Gucci, but also ordered the defendant to receive INR 200,000 in damages and INR 166,000 in costs.
Hermes International & Anr. v Macky Lifestyle Private Limited & Anr3
Hermes International & Anr (Plaintiff) had filed a suit for infringement of registered trademarks and copyrights, passing off, dilution, tarnishment, delivery of accounts, damages, delivery, unfair competition, misappropriation etc. against the defendants.
Hermès International is the adopter and registered owner of the famous brand(s) of the three-dimensional shape, thanks to which it enjoys exclusive ownership rights in the form of the Birkin bag and the Hermes brands and the stylized brand HERMÈS. ” for her products – including her luxury handbags and accessories.
A few months ago, in December 2021, Hermes obtained an interim injunction from the Hon’ble High Court of Delhi inter alia restraining the defendants from advertising on their website or any other party’s website. third, goods that violated the law.
M/s Blue Heaven Cosmetics Pvt Ltd vs Shivani Cosmetics through its partners Vinod Monga and Nishant Monga4
Blue Heaven Cosmetics (Plaintiff) filed a suit before the Delhi High Court against Shivani Cosmetics through its partners Vinod Monga and Nishant Monga (Defendant) for infringement of registered trademark / trade dress / copyright / typeface / color combination / label / packaging / goods passing, delivery, distribution of profit accounts and other ancillary facilities.
The plaintiff came across the defendant’s impugned product (eyeliner) which is an exact copy of the plaintiff’s registered trademark / copyright / trade dress / color combination / writing style / packaging / label / stand up in general. Plaintiff is aggrieved by Defendants’ use/infringement of registered trade dress/label/copyright/typeface/color combination/packaging rights in its “BLUE SKY” marks.
On December 23, 2021, the Hon’ble Supreme Court held that the defendant not only copied the trade mark but also the trade dress / copyright / writing style / color combination / label / packaging / general set-up of the plaintiff’s mark. Accordingly, the court restrained the defendant from using the trade dress / copyright / writing style / color combination / label / packaging / general composition or in any other way that directly or indirectly infringes the registered trade dress / combination of Plaintiff/Applicant’s colors / writing style / packaging / label / copyright in “BLUE SKY”.
Relaxo Footwears Limited vs. Nikhil Footwears and Anr5
RELAXO FOOTWEARS LIMITED (The Plaintiff), a famous Indian footwear brand, filed a suit before the Delhi High Court against Nikhil Footwears (The Defendant), seeking ex-parte interim injunction. This lawsuit concerned Relaxo’s registered designs, as the defendant sold shoes of identical designs.
The plaintiff alleged that the defendants were believed to be part of the Action Group of Companies engaged in the business of manufacturing and trading footwear products under the trademark ‘ACTION’. The plaintiffs learned of an identical imitation of the product marketed under the brand name ‘ACTION’. The plaintiffs issued two cease and desist notices to the defendants, to which they responded that they do not deal with any similar/identical products as mentioned. The plaintiffs alleged that the impugned products clearly use the trade mark ‘ACTION’ as well as the email id with the domain name actionshoes.com and are said to be manufactured by M/s. Nikhil Shoes. The plaintiffs stated that the defendants are using the shield of multiple firms/titles/companies in carrying out their illegal acts to escape liability and legal action. The plaintiffs have claimed to have registered designs for some of their products as well.
On September 10, 2021, the Hon’ble High Court of Delhi restrained the defendants from manufacturing, selling, offering for sale, advertising, importing, etc. of the products in question bearing designs that are obvious or deceptive imitations of the Plaintiff’s registered designs that may amount to infringement and/or passing off of the Plaintiff’s designs.
Conclusion
The fashion industry is a fascinating industry and it is one that fascinates the entire humanity. Creativity is the backbone of the industry, and reputation and goodwill are what took years to build. In addition, consumer trust is something that takes years to build in the fashion industry and is an aspect that can be easily lost – after all, considering the large number of brands with exceptional quality and prices of similarly, it is very easy to change Brand. Thus, the scourge of counterfeiting is one that must be removed from the fashion industry.
For this, consumer awareness is more important than ever, as many consumers are now willingly and knowingly parting with their hard-earned money for counterfeits. However, recently brands in the industry have been fighting fire with fire, as can be seen from the recent cases illustrated above, and it is hoped that the problem of counterfeiting in the fashion industry will slowly decrease in the coming years.
