Social Style Spotlight - Navigating Fashion IP In The Social Media Era
Author: LawSphereX
Category: Technology, Cyber & Privacy
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SOCIAL STYLE SPOTLIGHT: NAVIGATING FASHION IP IN
THE SOCIAL MEDIA ERA
Somya Ojha, The University of Burdwan
ABSTRACT
The world has changed its paradigm to adapt to and flourish in social media and connected platforms. Social media's expansion and growing digital significance amuse us in our personal lives, work, and legal ethics. Social media platforms have not only completely changed the way brands are marketed, but also have a significant impact on how the industry as a whole develops in the future. This phenomenon is seen in numerous fashion brands, both established and up-and-coming. Fashion and social media are entwined, from trendsetting in brand promotion to engaging consumers. Fashion brands may now reach a wider audience worldwide, and it also greatly impacts customer tastes and fashion trends. Social media platforms give businesses a quick and efficient means to interact with their customers.
This can be seen in the personalized and thoughtful responses to social media posts, the considerate handling of customer inquiries, and the professionalism of crisis management. Social media platforms are being used by more people and brands these days to broadcast content over which they may not even have the legal authority. As a result, there are a lot of lawsuits involving copyright infringement, trademark squatting, and cybersquatting. The legitimacy of intellectual property laws is complicated by the growing usage of social media, particularly the parts about the fashion sector regulations. IPR has evolved and become a hybrid of traditional and contemporary applicable provisions. Every facet of social media is linked to intellectual property rights, including influencers, online brands, content creators, and engagement postings.
This article looks at intellectual property principles in the fashion business, their increasing influence on social media, and their violation and enforcement. Keywords: Intellectual Property, Fashion Industry, Trademark, Social Media, Copyrights, AI, Influencers, SEO, Fashion IP, Copyright Infringement.
Amy Jo Martin: “Social- media is changing the way we communicate and the way we are perceived, both positively and negatively. Every time you post a photo or update your status, you are contributing to your own digital footprint and personal brand. ” THE RISE OF FASHION’S INTELLECTUAL MOVEMENT The fashion industry which was once largely concerned with producing fashionable clothing, designs, or accessories, has developed into a dynamic ecology where legal considerations and creativity coexist. Its steady transformation into a major global force made it imperative to safeguard its trademark, original concepts, and designs. Every social media scroll reveals a plethora of content, but the tailored and interactive advertisements stand out, enticing users into a story intertwined with common values, goals, and aesthetics. Consumers are not just observers but active participants.
As they communicate, they discuss, make comments, and respond in ways that reflect their expectations, preferences, and styles. IP regulations thus have been a major factor in the growth of the fashion industry in the decades. It serves as a vital component of the fashion sector be it business, runways, licensing, or branding. The fashion industry can cover a large ambit of intellectual property rights concerning apparel, footwear, accessories, fashion model rights, brand names, supply chains, and so on. The identifiable IP divisions within the fashion sector comprise: TRADEMARKS: Trademarks are any symbols, marks, logos, or signs that sets one brand apart from another. ‘BRAND SPEAKS VOLUME’, and trademark assists in brand identification. Additionally, trademark registration also protects the catchphrases used in each product’s advertising campaigning.
A few perfumes, fragrances, and aromatic goods have seen an increase in the use of olfactory trademarks. COPYRIGHT: Original artistic works are protected by copyright. If a design is a graphic work that incorporates a painting or a drawing, it might be protected as an artistic work. Copyright protects artistic expressions “that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. ” This is commonly referred to as the separability rule, which was developed from the 1954 case of Mazer v. Stein.
PATENT PROTECTION: Patents are necessary for the effective commercialization of inventions, especially those that need substantial financial outlays to go from the prototype to the commercial stage. Patents cover a wide range of products, such as wrinkle-free fabrics, water-repellent textiles, UV-filtering textiles that are fire-resistant, and CROCS shoe technology. TRADE SECRETS &CONFIDENTIALITY: Trade secrets might include everything from a list of important buyers and/or suppliers to the use of fashion design software tools and value chain logistics management. Core trade secrets are used in some fashion companies to safeguard computer-implemented, software-based business models. These models form the basis of a whole business strategy that relies on speed and stealth to offer a restricted number of fashion products.
SOCIAL MEDIA’S SURGE IN POPULARITY Today, social media has become ingrained in our daily lives. The content we share, the photos we upload, or the business we launch therein leads to the creation of brand identification. Users now use social media as a central location for shopping. The brand socializes itself by launching businesses on the platform and producing fresh content regularly to generate adequate demand. By highlighting the significance of social media and its influencers, WIPO at World Intellectual Property Day 2024 aimed to increase public understanding of the critical role that IP plays in encouraging innovation and creativity. The legal concerns that surround IP infringement in the fashion sector are primarily based on user-generated content and the emergence of new small-scale businesses. Some of the IP legal issues that can be interfaced through social media include:
1. Copyright infringement
2. Low entry barriers, permitting the rapid and low-cost establishment of counterfeiters
3. Anonymity provided by internet platforms, counterfeiters can operate under false
names or pseudonyms, making it more difficult for law enforcement and brand owners to find and capture them.
4. Trademark violation
5. Brand dilution
These infringements stem from the unauthorized use or distribution of content such as photographs, videos, and written remarks, as well as the provision of counterfeit goods by several suppliers. FASHION: THE DIGITAL FOOTPRINT Social media is the beacon leading the fashion industry into the digital era. Trends in this dynamic field come and go according to the whims of creativity and cultural changes. In addition to changing the scenario, social media has extended the fashion industry and given it a new dimension of intimacy, connectivity, and transparency. Numerous social media sites offer a range of digital fashion displays. Pinterest serves as a platform for visual arts, while Instagram is dominated by a diverse group of digital influencers who endorse numerous brands.
It serves as a market where brands can present their collections to a worldwide audience without being restricted by geographical location or the bounds of conventional fashion media. Hence, it is a digital runaway for the fashion industry. These channels, when paired with systematic algorithm-driven advertising of popular content, can quickly create a demand overnight, thus boosting both the brand and the product. Fashion firms have embraced sophisticated digital tactics to remain active in this social media era. This entails social media data to forecast trends, approaching influencer marketing to attract larger audiences, and manipulating online purchasing habits through user interactions. LOUIS VUITTON: WEAVING IP PROTECTION INTO EVERY STITCH Louis Vuitton Malletier is a French fashion house that is one of the most valuable and recognizable luxury goods brands in the world.
The brand is a colossal work of design with creative concepts and inventiveness. Being one of the most valuable and opulent companies in the world, the brand is identified significantly by its logo and design. According to the brand’s corporate website, it holds around 18000 IP rights such as copyrights, trademarks, or designs worldwide. Their Intellectual Property Internet Division performs tasks such as registering domain names, combating cyber-squatting, and monitoring digitally to find and discover counterfeit products online. To combat such counterfeiting battles, the brand implemented the contributory liability theory in 2003.
Louis Vuitton Malletier v/s Santosh, Case Citation: CS(COMM) 635/2018, Decision Date: April 18, 2023 Louis Vuitton Malletier, sued the defendants, claiming dilution, passing off, and trademark infringement among other things. The defendants were accused of producing and marketing knockoff goods using their registered trademark, thus harming the goodwill and reputation of the brand. The court looked over the testimony, affidavits, and the local commissioner’s reports, and the defendant's actions were deemed intentional and without any plausible explanation. The decision reinforces the protection of well-known trademarks and highlights the consequences for infringers. It emphasizes the importance of enforcing IP Rights and provides a deterrent against counterfeiting activities. The case serves as a precedent for future trademark infringement cases, particularly involving luxury brands.
The Delhi High Court granted a permanent injunction, awarded damages, and ordered the defendants to pay costs to Louis Vuitton Malletier in a trademark infringement case. The judgment reaffirms the protection of well-known trademarks and demonstrates the court's commitment to safeguarding IPR. STYLE, CLICK & SHARE: VIRTUAL FASHION INTEGRANTS The online fashion platform is made up of several diverse components. The concepts, procedures, goals, and application of techniques are more vivid and unique than what we have known about the conventional fashion industry for many years. INFLUENCERS: Late changes to social media platforms have raised people's awareness of influencers. The unprecedented rise in social media influencers' following numbers has led to the rapid expansion of influencer marketing across a range of industries.
Influencer marketing has drawn a lot of attention in the fashion business lately. It is predicted that it has the potential of an 11x higher rate of influence than other traditional forms of advertising. Fashion influencers on social media test out new products, follow trends and have a say over what their followers buy. They amass a following by endorsing merchandise and sharing posts about their opulent lifestyles, which are the result of their elevated socioeconomic standing. Their alluring lives influence their fans to adopt an opulent lifestyle and are permitted to use social shopping sites to purchase the same goods. TREND CAMPAIGNING: In social circles, the relationship between trend and fashion has grown commonplace. People use fashion as a way to express who they are by what they wear.
The proliferation of social media platforms has led to an increase in information sharing, which in turn has affected social consumer engagement with fashion firms. Fashion brands leverage social media channels to connect with consumers on an emotional level and encourage interaction with their imagery and messaging. Through the creation of a "conversation" with customers on social media, fashion companies have gone beyond mere advertisements and have given brands the chance to engage and build relationships with consumers through fashion campaigns. FASHION PLATFORMS: Some firms utilize social media to sell directly to clients, while others have developed accounts on these platforms as an interactive identity to interact with their audience or consumers.
Fashion firms may now interact with consumers on social media platforms like Facebook, YouTube, Instagram, and TikTok, who are frequently younger than their typical target demographic. Brands can track likes, dislikes, and analyze data to reach new consumers by using algorithms and consumer-personalized pages. DIGITAL IP MAZE While fashion is a means of self-expression and identification, IPR encourages creativity, innovation and competition. These rights enable businesses and creators to command the market and benefit from their creations. With the growth of social media and meta-verse, digital fashion has become important for the brands to create buzz, demand and popularity among a customer base. It continues to emphasize the importance that fashion plays in fostering style and diversity.
The online fashion community allows its users to discuss and explore specialized aesthetics, It also creates a lot of legal issues that pierce through the boundaries of knowledge and digital protection. As the industry undergoes digital transformation, the need for IP protection becomes crucial. Vila v. Deadly Doll, Inc. , Case No. 2:21-cv-05837-ODW (MRWx) (C. D. Cal. 2023)- A SOCIAL MEDIA COPYRIGHT VIOLATION Vila, a paparazzi photographer and photojournalist took a photograph of model Irina Shayk crossing the street while wearing Deadly Doll pants. The United States Copyright Office issued Vila’s copyright registration for the photograph on May 5, 2020. Vila subsequently licensed the image to the Daily Mail, which published the photograph, within five years of the registration, providing a rebuttable presumption of the validity of Vila’s copyright.
On February 10, 2020, Vila saw that Deadly Doll had posted his photograph on their Instagram account without his permission. Vila subsequently sued for copyright infringement based on his registration of the photograph while the defendant countersued, alleging that the photograph was a derivative work based on the artwork on the pants. The plaintiff’s valid copyright registration established ownership of the copyright in the photograph and the defendant failed in defending its use under the fair use doctrine, as the Court observed the defense was undeveloped despite a comment that the posting of the photograph “on Instagram was for public comment. ” Thus the Court granted summary judgment on Deadly Doll’s liability for copyright infringement. The Court here ruled that Vila’s photograph is not a derivative work.
The photograph featured the model as she was crossing the street wearing pants, a “useful article,” that included the art at issue. The focus of the photograph was not the artwork on the pants but the model who just happened to be wearing the Deadly Doll pants. Therefore, the pants in the photograph do not qualify as a preexisting work and thus the photograph cannot be considered a derivative work. This case is a reminder to photographers of the value of registering their works with the Copyright Office. This is particularly true when copyrighted photographs can so easily find their way into social media without permission or the payment of a license fee. As AI becomes more and more prevalent, new kinds of intellectual property issues are emerging on social media sites. Deep fakes are one of them.
It is swapping a person’s body or facial features with those of another, especially with malicious intent. It also holds the power to alter the voices of artists to create new songs and music, which poses an emerging threat to IP. This frequently leads to privacy violations. Contents ownership, Digital Rights Management, Trademarks (essentially the brand names), and Copyright over textual and written posts including advertisements and slogans for promotional activity, are some of the emerging IP infringements arising from digitalization, especially in the social media driven brand market. Today, we see a rise in social media influencers and content creators. They are well-known powerful individuals with the ability to persuade a certain section of the social media audience.
Through channels such as Facebook, Instagram, or YouTube, they create influential content and videos for the brands for promotion and demand creation. IPRs of all kinds, including trademarks, copyrights, domain names, brand names, etc. , are relevant to social media influencers. Hence it becomes crucial for them to know and further comply with relevant IPRs to prevent any infringement activity concerning any brand, celebrity rights, music or motion pictures. They are often advised to safeguard their content, distinctive identity, domain names, and even hashtags they use on their posts. For instance, Lele Pons, a well-known YouTuber, filed a trademark application with the USPTO (the United States Patent and Trademark Office) under Class 41 (entertainment services).
Kylie Jenner, registered as a trademark holder under Class 35 for “Advertising services, namely promoting the brands, goods, and services of others; endorsement services” SEO: THE BRDGE TO IP VISIBILITY As 2025 approaches, the digital world keeps changing at an incredible rate, and search engine optimization (SEO) is still essential for success online. But amid all the keyword research, linkbuilding, and content production, there's a critical legal hazard that can jeopardize even the most carefully thought-out SEO tactics: copyright infringement. To give users the greatest possible experience, search engines display the most relevant and excellent information at the top of the results page. A website that violates copyright rules runs the danger of losing its position in search engine results pages (SERPs) as well as being penalized by search engines.
Google's algorithms, for example, are good at identifying duplicate content. When such content is discovered, it may result in a reduction in ranks or perhaps in the pages in issue being completely de-indexed.
A COPYRIGHT PERSPECTIVE
Protecting unique content is essential in the current digital world because information is readily available. When it comes to protecting one’s intellectual property and making sure the material gets the credit it is due, SEO copyright is essential. Content creators may build their authority, improve their online exposure, and increase organic traffic to their websites by knowing the fundamentals of SEO copyright. Copyright for SEO is the process of making your content more search engine friendly while guarding against unlawful use. It entails finding a balance between making your intellectual property easily discoverable by search engines and making sure that others cannot use it without your permission. SEO copyright encompasses several strategies, including content monitoring, metadata utilization, and keyword optimization.
The use of SEO copyright techniques aids in the prevention of plagiarism and content theft. The content will be more visible to the target audience if it is optimized for search engines, which increases the likelihood that it will show up in search results. This visibility guarantees that the content is properly attributed and deters unauthorized replication or exploitation when paired with appropriate copyright protection measures. A TRADEMARK STANDPOINT Each search engine uses a sophisticated algorithm of its own to arrange pertinent data according to the terms it has detected. Search engines can classify websites and make it easier for users to find online pages by using keywords that users enter. Search engines like Bing, Google, and Yahoo are used by customers to visit websites and get information. Numerous businesses utilize SEO as a marketing tactic to boost website traffic.
Using hidden HTML codes in the title tags, registered trademarks can be easily added to a website's content. Businesses frequently utilize their competitors' trade names in SEO to attain these kinds of outcomes and maximize their exposure to prospective clients. Therefore, businesses can achieve a higher ranking in search results with even a small change in their SEO strategy. TECHNIQUES OF CONTENT PROTECTION CREATING ORIGINAL & DISTINCT CONTENT One of the best methods for content protection is to create original and distinctive content. In your niche, you become recognized as a reliable authority by creating valuable, instructive, and captivating content. It is simpler to establish copyright ownership and mount an infringement defense thanks to this originality. OPTIMIZING METADATA SEO copyright is heavily reliant on metadata, including alt tags, title tags, and meta descriptions.
By adding pertinent keywords and giving precise descriptions of the information, it becomes more visible and communicates ownership. In addition to raising search engine ranks, well-optimized metadata discourages content piracy. WATERMARK & CREDIT IMAGES Watermarking visual components in your work, such as pictures or graphics, can aid in preventing unlawful use. Watermarks serve as an obvious sign of copyright ownership and deter unauthorized use of your photos. Giving accurate credit for your images also guarantees that they are properly credited when they are shared or used. DIGITAL RIGHTS MANAGEMENT IN FORCE Advanced protections for content protection are provided by Digital Rights Management (DRM) technology. You can manage who has access to and how much of your digital content is used with DRM solutions.
You may define access permissions, encrypt your content, and stop illegal copying and distribution by putting DRM into place. SEO OPTIMIZATION INFRINGEMENT Copyright violation carries serious legal ramifications and penalties, particularly in light of SEO performance in 2024. When copyrighted content is used without authorization, there can be severe legal consequences that include statutory damages, expensive court fights, and Cease and Desist letters. For example, in the United States, statutory damages for copyright infringement can amount to up to 50,000 for each work that is violated. This amount can be extremely detrimental to the financial situation of numerous firms. Furthermore, in addition to financial penalties, a website found to have violated copyright may face penalties from search engines that include a drop in ranking or the removal of entire pages from the index.
Penalties of this kind have effects that go beyond just immediate monetary loss. They may also include constant monitoring and examination by law enforcement and copyright holders. Because of this, it may be difficult for SEO specialists to exercise the essential creative freedom. There are currently no rules in India that specifically address the appropriate and inappropriate usage of meta-tags and search engines. When resolving cases of this kind, the Trade Marks Act's provisions are typically considered by the courts in addition to the Competition Act, the Code of Civil Procedure, etc. In People Interactive (I) Pvt. Ltd. v. Gaurav Jerry & Ors. , the Bombay High Court addressed trademark infringement through the use of meta-tags and provided a definition of meta-tagging. The ruling stated that "the defendant's shaadihishaadi. com was profiting from the Plaintiff's shaadi.
com reputation and that the defendant had blatantly stolen Internet traffic from the Plaintiff's site, amounting to online piracy. " The trademark owner bears the burden of proof in demonstrating the likelihood of confusion, and the court granted an ex-parte injunction. Whenever trademarks are misused and included in meta-tags, trademark infringement must be proven in compliance with section 29 of the Act. The Delhi High Court recently chastised the online insurance provider "PolicyBazaar" (Plaintiff) for utilizing their trademark "policybazaar" as AdWord/keyword advertising through Google, and filed an injunction against "ACKO" (Defendant). The defendant's registered trademark "ACKO," which the plaintiffs had themselves used as a keyword, was revealed to be something they had to disclose.
The plaintiffs themselves were bidding for the defendant's trademark "ACKO" for almost a year until the court fined them for acting unfairly. SEO has a direct impact on a business's ability to succeed online, and as a result, traffic to the website of the business enhances its exposure to prospective customers. On the other hand, trademark infringement and irreversible harm to the trademark owner resulting from the unfair and unlawful use of registered trademarks as names, metatags, keywords, and phrases. Understanding and addressing the intellectual property-related concerns that are emerging in cyberspace is crucial. Even though the Indian Courts have only decided a small number of these cases, the number of these disputes would inevitably rise shortly.
As a result, strict legislation must be passed to stop illegal activity related to the use of registered trademarks as meta-tags or keywords. UNRAVELING FASHION IP- INDIAN INSIGHTS The absence of a distinct legislation makes fashion law an uncharted territory. The divisions of intellectual property laws, and combining other legislations fosters the protection of any infringement claim directed towards the fashion industry. When a design is creatively and existentially manifested in a certain format, it becomes a component of IP Protection. While creativity forms a part of copyright protection u/s 13 of The Copyright Act of 1957, the designs are legally registered under The Design Act, of 2000. The copyright can be extended to textile designs or graphic designs of the designers.
Copyright protection for any creative writing, slogans, written content, or any such brand descriptions is awarded copyright protection. The protection granted is automatic once the content is created. Nonetheless, routine observation is necessary to identify any copyright violations and to take any prompt corrective action. The Design Act 2000, protects the designs in India. It is therefore protected under classes 2, 3,5, 10, and 11 of the third schedule of Design Rules 2000. It was put in place to safeguard the non-functional parts of the product that have visual appeal, including the way shapes, designs, lines, or decorations are arranged. Additionally, the Act guards against design piracy, which requires the infringement party to reimburse the registered proprietor for the money, or the right to claim injunction against the infringer.
The fashion sector remains a hub for innovation in patents. It has registered patents due to the development of artificial intelligence, the blending of new technologies with clothing, innovation, and the competitive market. Global Data’s report on Virtual and augmented reality in apparel, reported at least 2,600 patents filed and granted in the apparel industry, and around 340 companies, spanning technology vendors, established apparel companies, and up-andcoming start-ups engaged in the development and application of virtual try-ons. Trademark protects the goodwill, and brand image, and guarantee the quality of the products, thereby granting the company a distinct identity from those of its competitors.
Trademarks are now an essential tool for legally securing new small- and developing enterprises, fashion brands, and distinctive brand images in an environment where e-commerce and social media have captured in a large pool of them. Today, consumers are an important component of every organization. Customers' desire for clothing has grown dramatically as a result of the quick shift in trends and the rise of fast fashion. Hence, the consumers and their subsequent rights are protected by The Consumer Protection Act of 2019. Additionally, India adopted the Consumer Protection (E-Commerce) Rules, 2020 to safeguard customers against unfair trade practices and flash sales conducted by internet retailers. Fashion firms have taken environmental protection more seriously as a result of studies, treaties, and legislation that have followed changes in recent trends.
Although the industry had a history of being major waste producers, their focus today is on introducing and marketing eco- friendly line of products to capture the market share. The Environment (Protection) Act of 1986, the Indian Hazardous Wastes (Management and Handling) Rules of 1989, and the Ozone Depletion Substances (Regulation and Control) Rules of 2000 are some of the laws ensuring industry-specific standards to be followed by the fashion industry. WRAP-UP Gaining a thorough awareness of legal frameworks, industry practices, and new trends is crucial when navigating the intricate landscape of intellectual property rights in the fashion sector.
Stakeholders in the fashion industry, ranging from established luxury houses to up-andcoming independent designers, need to be aware of changing legal developments, take proactive measures to safeguard their intellectual property and work together to promote innovation, sustainability, and moral behavior. To sum up, social media has significantly influenced fashion trends and completely changed how we find, interact with, and consume fashion content. The conventional fashion industry, including its institutions, businesses, or the fashion week is still important to culture, but to stay relevant, the industry needs to adapt to the digital age. The fashion industry must adopt intellectual property laws and protections in light of social media's growth and popularity.
Social media's impact on fashion will only increase as it develops, upending conventional wisdom and redefining what it means to be stylish. Using social media as a vehicle for inclusivity and innovation, the fashion industry can stay ahead of the curve and satisfy the constantly shifting needs of consumers around the globe. Social media brings people together, whether they are fashion enthusiasts, personal stylists, or trendsetters. Together, our shared sense of style represents the originality and diversity of the digital age.
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