EXPANSION OF TRADEMARK DOCTRINE: AN ATTEMPT TO PROTECT FASHION CLOTHING AND ACCESSORIES
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https://doi.org/10.55662/Abstract
Fashion designers have failed to achieve greater levels of protection for their creations under the copyright and patent laws. The designers eventually turned to courts for enforcement of trademark rights as trademark law emerged to be the strongest tool to safeguard fashion clothing and accessories. This has led to a greater need to expand the contours of Trademark law by the courts so as to also include the protection of quasi-designs. These designs are the shapes or patterns that are used as part of a label or logo. In certain cases, American courts enormously expanded the traditional scope of trademark law by recognising a single colour as trademark. Such decisions have augmented the possibilities of designers getting long-term, permanent rights in quasi-designs that are used as logos. Heavy dependence on trademark protection by the fashion industry has favoured the big brands but not the new and emerging designers. This has distorted innovation as it has induced lessor creativity in designs for fashion.
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