Fashion Collaborations x Trademark Law
- Prarthana Raghuveer
- Mar 9, 2025
- 5 min read
In this global odyssey, fashion collaborations have been growing in both volume and sophistication in recent years, as brands seek out new, often unlikely partners to maximize their exposure, build hype, and reach out to audiences beyond their traditional bases.[1] This raises trademark implications, consumer confusion, brand dilution and larger question of whether traditional trademark confusion tests fit neatly in a market full of cross-brand partnerships.
The new collab in town is where the intersection of art and function lies #DGxSTABILO. #DolceGabbana and #STABILO turn the act of highlighting into a gesture of quiet creativity. Wrapped in 4 iconic patterns DGCarretto, DGLeo, DGBluMediterraneo and DGZebra, the exclusive limited-edition box, set of #STABILOBOSSORIGINAL available from October 1st 2024, reimagines the ordinary. In December 2023, to celebrate the Year of the Dragon, we saw another very unlikely collaboration, FENDI x FRGMT x POKÉMON collection formed a tripartite partnership between a top fashion house with Japanese “godfather of streetwear” Hiroshi Fujiwara and global videogame franchise Pokémon taking the industry by a storm. Fendi created a line featuring designs overlaying Pokémon’s Dragonite character on Fendi’s FF jacquard logo. One more unlikely cross industry collaboration is ROYCE’ X Gaurav Gupta. If chocolates and fashion are as close to your heart as they are to mine, then the collaboration between Japanese chocolate brand with fashion designer Gaurav Gupta was whimsical experience of savouring the chocolate and art. Gaurav Gupta known for his structured clothes, designed the packaging of the chocolate brand’s limited-edition collection inspired by the art of storytelling, the collaborative collection explores elements of a fantasy forest that come together in harmony to tell a spectacular story of hope, light and joy. While these are unlikely collaborations, collaborations amongst adjacent industries are seen more often i.e. cross brand collaborations like Sabyasachi x H&M collaboration and The North Face x Gucci collection.
These collaboration between brands happen through licensing agreements. In layman’s terms, a licensing agreement is a legal, written contract where one party (the licensor) grants another party (the licensee) permission to another party to use, sell, display and/or to produce their brand, patent, or trademark. These collaborations create trademark implications by blending of company identities wrought by collaborations substantially impacting collaborating brands’ positions often due to naked licensing. Naked licensing is the practice of granting a licensee permission to use a trademark without including or enforcing any quality control clauses in the licence agreement. Quality control is a critical component of trademark licencing because it ensures that consumers associate a certain level of quality with products or services bearing a specific trademark. When this control is lacking, it can cause confusion in the marketplace, potentially harming the brand’s reputation. In India Naked licensing isn’t explicating mentioned but Chapter VI of The Trademarks Act, 1999 emphasis on the necessity of a written agreement between the licensee and proprietor. Sections 48 to 55 of the Act[2] outlines the rules for trademark licensing. This raises a larger question of whether traditional trademark confusion tests fit neatly in a market full of cross-brand partnerships. In the US The Lanham Act prohibits, among other things, uses of a trademark that are likely to cause consumer confusion, mistake, or deception as to “affiliation, connection, or association,” with or “origin, sponsorship, or approval” of goods or services.[3] In India Section 11 of The Trademark Act[4] lays relative grounds for refusal of registration of a trademark. The problem today arises as the factor of proximity amongst the products is a blurred line. As collaborations continue to make connections between fashion brands and other industries like home appliances, toys, and food products conventional, courts may start to find companies in those industries proximate to the fashion world.[5] While home appliances and high-end fashion may have once seemed to have nothing to do with each other, collaborations like Issey Miyake and Dyson’s teach consumers that products like vacuums and dresses may not be so far apart after all and make it more difficult to argue that the two could not be thought of as proximate.[6] This creates the need for extra attention to licensing agreements to avoid the grey areas that leads to infringement, dilution, naked licensing suits and consumer confusion.
In industries where brand identity and recognition are crucial, such as fashion, trademarks are one of the most valuable assets. Trademarks help consumers distinguish between different products and services offered by different brands. When a third party uses a brand’s trademark without permission whether by selling counterfeit goods, using similar logos, or misrepresenting the brand it can cause consumer confusion and dilute the brand's value.
A cease-and-desist letter is often the first step a trademark owner takes when they discover that someone is infringing on their intellectual property. It serves as a formal warning to the infringing party, demanding that they stop using the protected trademark immediately. This letter is typically issued before legal action is taken and is designed to resolve the issue amicably without going to court.
The global odyssey x international collaboration
Achieving success in international markets is crucial for any company striving to establish itself as a global leader. It is necessary brands venturing into international markets, trademark law serves as a critical safeguard for their intellectual property. Global expansion requires careful consideration of local laws, customs, and market conditions to ensure that trademarks are respected, and that the brand’s reputation is preserved. Brands must also be aware of potential conflicts in international trademark registration, as different countries may have varying legal frameworks for IP protection. When fashion brands collaborate, especially across different cultures, trademark law intersects with moral rights and cultural considerations. Brands must be cautious not to offend cultural sensitivities or violate any moral rights through their use of trademarks. For instance, a brand entering India should keep in mind s.9 of trademarks act – “contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India”. Establishment of trademarks has been made easier looking at the need for international exposure by the Use the Madrid protocol.[7] Also see Chapter IVA Special Provisions relating to protection of trademarks through international registration under Madrid protocol of the Trademarks act, 1999.
“Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the way we live, what is happening”. - Coco channel. To collaborate this by borrowing a phrase from Justice Kagan, we observed that “we’re all textualists now”: perhaps, in this age of increasing, high-profile, and surprising collaborations, we are all hypebeasts now.[8] A marketplace teeming with unexpected trademarks and collabs on the flip side is making consumers more aware and discerning to avoid confusions in the world full of new collabs every day.
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