COLOR, SHAPE AND STYLE: EXPANDING TRADEMARK MONOPOLIES IN THE FASHION INDUSTRY

Beyond just being symbols or logos, trademarks play a very important role in the complex and dynamic fashion industry. From haute couture houses to streetwear brands, the fashion sector survives on intellectual property to give its products creativity and distinctiveness . Trademark law served as the cornerstone of the fashion industry by performing the core functions of source identification, brand recognition and consumer protection . Governed under The Trademark Act of 1999, the law has expanded from protecting traditional marks, logos, words, symbols and marks to non-traditional characteristics like colors, shape, textures and other aesthetic features by including trade dress in order to prevent counterfeiting and brand replication. But can over protection under trademark law result in monopoly of few market giants by curbing competition in the fashion industry? The paper analyses the role of non-traditional trademarks and whether the requirements of distinctiveness and functionality are adequate to ensure that the boundaries of protection of brands are not crossed.