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Social Media, Influencers, and Fashion Marketing: Legal Friction and Regulatory Playbooks in India’s Digital Fashion Economy

Authored By: Sneha Mulani

Indore Institute of Law

Abstract:-

Social media didn’t just “change” fashion marketing. It flipped the table. Brands now court consumers through influencers, and the line between a real opinion and a paid pitch keeps getting thinner. This paper asks a blunt question: do India’s current laws actually keep influencer marketing in fashion honest and accountable? It digs into consumer protection rules, disclosure duties, IP headaches, and where brand liability can land when an endorsement goes sideways. Case law and regulatory guidance are weighed, gaps are called out, and practical reforms are suggested—mainly to force clearer transparency and real accountability.Fashion advertising used to look predictable. TV spots. Magazine spreads. A celebrity holding a bag on a billboard. Then Instagram and YouTube arrived, TikTok followed, and suddenly the sales pitch lived inside someone’s “daily life” reel. Fast. Visual. Global in minutes. Influencer marketing didn’t grow quietly either—it turned into a multi‑billion‑dollar machine and became a default strategy for everyone from luxury houses to small designers trying to punch above their weight.But here’s the mess. Sponsored posts, affiliate links, “gifted” hauls, paid partnerships—so much of it looks like casual sharing when it’s really advertising. People scroll, trust, buy. And many never realize money (or freebies) were part of the deal. That’s where legal and ethical problems pile up: misleading ads, fuzzy disclosures, unfair trade practices, and the basic question of who takes the blame when consumers get duped.Then there’s the IP minefield. Logos. look‑alike designs. copyrighted music in reels. Brand photos reused without permission. Counterfeit promotions dressed up as “steals.” Add cross‑border audiences and platform algorithms, and enforcement starts to feel like chasing smoke.This study focuses on India’s regulatory environment for influencer‑led fashion marketing. Not one neat statute. A patchwork. The key pieces include the Consumer Protection Act, ; the  Guidelines on Misleading Advertisements and Endorsements; ASCI’s Influencer Advertising Guidelines; plus the Copyright Act,  and the Trade Marks Act, . It also looks outward—international developments and court decisions matter because digital fashion doesn’t respect borders.The core research question stays simple on paper and hard in practice: does the current legal and regulatory setup in India genuinely secure transparency, consumer protection, and accountability for both brands and influencers? Using doctrinal and analytical methods, the paper maps gaps, flags enforcement problems, and tracks newer risks coming from the speed of the digital economy. India has moved forward, no doubt. Still, the system needs sharper legal clarity, tougher enforcement, more platform responsibility, and better consumer awareness to keep up with what’s happening right now.—

Research Question  :-

Are India’s existing legal and regulatory controls on fashion influencer marketing strong enough to guarantee transparency, protect consumers, and pin accountability on brands and influencers?

Objectives:-

Understand what influencers actually do in modern fashion marketing.  – Examine India’s legal structure for influencer advertising. 

– Test how disclosure and misleading‑ad rules work in practice.

 – Identify IP and trademark issues that keep[1] surfacing in influencer content.

 – Judge whether current rules are “enough,” and suggest fixes that are realistic.

Introduction:-

Fashion marketing has shifted. Influence replaced interruption. One post can do what a full-page magazine spread once did—sometimes better, sometimes more dangerously. Influencers on Instagram, YouTube, TikTok and similar platforms don’t just show outfits; they shape buying decisions. And when the commercial side of that content gets hidden, things get ugly: undisclosed sponsorships, exaggerated claims, ripped‑off creative work, counterfeit promos, and consumers left holding the bag.The wider digital revolution changed how businesses talk to people. Fashion got hit early and hard because it’s visual, identity-driven, and trend-[2]obsessed. Social platforms turned marketing into a constant conversation—interactive, personalized, and relentless. Brands now want intimacy at scale, and influencers sell that illusion brilliantly.Influencer content often slides into a feed like it belongs there. No “this is an ad” vibe. Just a “my honest thoughts” caption. That’s why it persuades. It’s also why regulation matters. If people can’t tell what’s paid, they can’t make informed choices. And if nobody is accountable, the incentives push toward more deception, not less.Beyond disclosure, the legal issues expand quickly: IP ownership disputes, trademark misuse, copyright violations in audio and visuals, shaky contracts, privacy questions, and platform power. Digital marketing also runs across borders by default, which complicates enforcement when influencers, brands, and buyers live in different countries.

Background and Conceptual Framework :-

What “Influencer Marketing” Means (in real terms)  Influencer marketing is product promotion through people who can move an audience. In fashion, influencers sit between brands and consumers like modern shopfront windows—except the window talks back, jokes, confesses, and builds parasocial trust.The categories are usually sorted by followe[3]r count:  – Mega influencers typically M+ followers. Often celebrities. Huge reach.  – Macro influencers roughly k–M. Niche experts, public personalities.  – Micro influencers about k–k. Smaller, but often more trusted.  – Nano influencers under k. Tight communities. High authenticity—sometimes.In fashion, influencers don’t just show products. They build a story around them: styling videos, “get ready with me” clips, unboxings, reviews, tutorials. The audience buys the narrative, not only the item.

Why It Works: Theories That Explain the Pull  – source Credibility Theory people believe those they find trustworthy and informed. Influencers cultivate that vibe deliberately.  – Social Learning Theory people imitate what they observe—especially aspirational figures. Outfit copying is basically the point.  – Consumer Culture Theory  consumption becomes identity. Influencers tie brands to status, beauty, belonging.  – e‑WOM (Electronic Word of Mouth)  influencer marketing is e‑WOM with professional packaging—advertising disguised as conversation.

Social Media and Fashion Consumer Behaviour :-

Fashion is self-expression with a price tag. Social media amplifies that. People discover trends, compare brands, and seek validation in public. Visual platforms—Instagram, Pinterest—push aesthetics first, meaning the “look” often matters more than the product details.And then there’s FOMO. Limited drops. “Must-have” collabs. Luxury hauls. Viewers feel pressure to keep up. That emotional nudge is marketing fuel, and influencers are skilled at lighting the match.

Legal and Regulatory Context in India:-

Influencer content blurs editorial and commercial speech. That’s the heart of the problem. The law tries to keep consumers from being misled, even when the ad doesn’t look like an ad.India’s regulation comes from multiple sources, including:  –

  • The Consumer Protection Act, 2019[4]
  • The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022
  • The Advertising Standards Council of India (ASCI) Influencer Advertising Guidelines
  • The Copyright Act, 1957
  • The Trade Marks Act, 1999
  • Information Technology laws and data protection regulations

These rules aim to enforce disclosure, stop deception, regulate endorsements, and protect IP. Yet the market keeps evolving faster than the compliance culture. Undisclosed sponsorships, fake followers, cross‑border campaigns, counterfeit promotions, and mass content volume make policing difficult. Platforms keep changing formats too—stories, reels, shorts, lives—each one a new place to hide a disclosure.

Conceptual Link:-Social Media + Influencers + Fashion Law

Think of it as a triangle. Platforms provide the infrastructure. Influ[5]encers act as intermediaries. Brands fund and direct campaigns. Law tries to protect consumers, IP rights, fair competition, and ethical advertising—all while not choking innovation.So influencer marketing isn’t only a marketing issue[6]. It’s also about duties: what influencers must disclose, what brands must ensure, what platforms should prevent, and what regulators can realistically enforce.

Legal Analysis:-

Indian influencer marketing regulation in fashion rests on a mix of consumer law, advertising guidance, and IP statutes. Disclosure of “material connections” is a recurring theme. If an influencer fails to disclose a paid relationship, the post can slip into the category of misleading advertising. And brands aren’t automatically off the hook—if the endorsement creates a impression, liability can circle back to them too.

Consumer Protection Act, 2019:-

The Consumer Protection Act, 2019 is a key law regulating influencer marketing activities in India. It was created to strengthen consumer rights and tackle new challenges in modern advertising, such as digital endorsements and online marketing. 

The Act protects consumers from unfair trade practices and misleading ads. A misleading advertisement is any claim that falsely describes a product, exaggerates its features, hides important information, or is likely to mislead consumers. 

Fashion influencers often promote products like clothing, cosmetics, shoes, jewelry, and luxury items. If influencers make false claims about a product’s quality, effectiveness, authentic[7]ity, or performance without proper verification, those endorsements may be considered misleading ads under the Act. 

A key aspect of the Consumer Protection Act, 2019 is that it holds endorsers liable. The law empowers regulatory authorities to impose penalties on endorsers involved in misleading ads. This means influencers can’t just claim they were promoting a product for a brand. They are now expected to do their research before making endorsements. 

The introduction of endorser liability is important because it acknowledges the significant influence that social media personalities have on consumer purchasing decisions. 

Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 

To improve consumer protection, the Government of India introduced the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. 

These guidelines set standards for advertising practices and impose requirements on advertisers, manufacturers, endorsers, and advertising agencies. The main goal is to ensure transparency and prevent deceptive marketing. 

Under the guidelines, influencers must: 

  • Disclose their connections with brands.
  • Avoid making unsupported claims.
  • Verify product claims before endorsing.
  • Ensure ads do not mislead consumers.

The guidelines also require endorsements to reflect the genuine opinions and experiences of endorsers. Influencers cannot make claims that they have not personally verified or experienced. 

This requirement is especially important in the fashion industry, where influencers often promote beauty products, luxury items, skincare products, and clothing through sponsored collaborations. If promotional content falsely suggests personal use or satisfaction, it can mislead consumers about the credibility of the endorsement. 

ASCI Influencer Advertising Guidelines 

The Advertising Standards Council of India (ASC[8]I) created specific Influencer Advertising Guidelines to address the rise of sponsored content on social media. 

The ASCI Guidelines require influencers to clearly and prominently disclose promotional relationships. Acceptable labels for disclosure include: 

  • #Ad
  • #Sponsored
  • #Collaboration
  • #PaidPartnership
  • #Promotion

The disclosure must be visible, easy to understand, and hard to overlook. Just putting disclosure statements among multiple hashtags or in hidden spots does not meet regulatory requirements. 

These guidelines are crucial because social media marketing often blurs the line between personal recommendations and paid endorsements. Consumers may mistakenly see influencer content as personal opinion when it is actually sponsored. 

The ASCI framework promotes transparency, helping audiences distinguish between editorial content and sponsored content. 

However, compliance is inconsistent. Many influencers still post promotional content without proper disclosure. This damages consumer trust and creates regulatory challenges. 

Intellectual Property Protection in Fashion Influencer Marketing 

Intellectual property rights are a key part of fashion law because fashion products gain value from creativity, originality, and brand identity. Influencer marketing often uses trademarks, copyrigh[9]ted materials, photographs, logos, designs, videos, and promotional content. 

Using intellectual property without permission can put influencers and brands at legal risk. 

Copyright Protection 

The Copyright Act, 1957 protects original literary, artistic, musical, dramatic, and cinematographic works. 

Fashion influencers frequently create c[10]ontent that involves: 

  • Fashion photography
  • Promotional videos
  • Product reviews
  • Brand campaigns
  • Digital artwork

Copyright issues can come up when influencers reproduce photographs, videos, music, or creative content without permission from the copyright owner. 

For example, if an influencer uses copyrighted music in a promotional fashion video without authorization, they may violate copyright laws. Similarly, unauthorized reproduction of fashion photographs, advertising campaigns, or editorial content can lead to legal disputes. 

The rise of digital content creation has increased copyright violations because content can be easily copied, modified, and shared across different platforms. 

Trademark Protection 

The Trade Marks Act, 1999 protects trademarks, logos, brand names, trade dress, and distinctive signs used in commerce. 

Luxury fashion brands invest a lot in building recognizable trademarks that set their products apart from competitors. Influencers often showcase branded products in promotional content, creating potential trademark issues. 

Trademark concerns can arise when influencers: 

  • Use brand logos without permission.
  • Promote counterfeit products.
  • Create misleading associations with luxury brands.
  • Engage in unauthorized comparative advertising.

Promoting counterfeit fashion goods is a serious issue. Counterfeit products not only infringe trademark rights but also mislead consumers and harm brand reputation. 

As luxury fashion influencers gain popularity, effective trademark enforcement is crucial for protecting brand value in digital marketplaces. 

Contractual Relationships Between Brands and Influencers 

Influencer marketing collaborations usually follow contractual agreements that outline the rights and responsibilities of the involved parties. 

These agreements often cover: 

  • Payment arrangements.
  • Content creation requirements.
  • Intellectual property ownership.
  • Confidentiality obligations.
  • Exclusivity clauses.
  • Disclosure responsibilities.
  • Termination provisions.

Contracts are important risk-management tools because they set clear expectations for promotional activities and regulatory compliance. 

Many fashion brands now add detailed disclosure clauses that require influencers to follow advertising regulations and consumer protection laws. Not following these rules may result in contractual penalties, ending partnerships, or damaging reputations. 

Well-written agreements are essential for reducing legal disputes and ensuring compliance with regulatory needs. 

Data Privacy and Digital Consumer Protection  

Social media platforms rely heavily on data collection and targeted advertising. Influencer marketing campaigns often use consumer data to provide personalized ads based on browsing history, buying behavior, interests, and demographics. 

While targeted advertising can improve marketing efficiency, it raises important privacy issues. 

Consumers often have little awareness of: 

  • How their personal information is collected.
  • How data is processed.
  • Who has access to their information.
  • How advertising algorithms affect their buying choices.

The growing use of artificial intelligence, behavioral analytics, and algorithmic advertising calls for stronger privacy protections and greater transparency in digital marketing practices. 

As influencer marketing becomes more data-driven, privacy regulations will be crucial for protecting consumer rights and preventing misuse. 

Challenges in Enforcement:-

Despite having multiple regulatory mechanisms, enforcement remains a major issue. Several factors contribute to these difficulties: 

Cross-Border Nature of Social Media 

Influencers, brands, and consumers often work across different jurisdictions. This complexity makes regulatory oversight and legal enforcement challenging. 

Volume of Content 

Millions of social media posts are published each day. This vast amount of content makes it hard for regulatory authorities to monitor compliance effectively.

Fake Followers and Artificial Engagement 

Some influencers artificially boost their popularity by buying followers and engagement metrics. This creates false impressions about their influence and reach. 

Emerging Technologies 

New technologies such as virtual influencers, AI-generated content, augmented reality advertising, and digital fashion products present unique legal challenges that existing regulations may not fully address. 

Lack of Awareness 

Many influencers are unaware of legal disclosure requirements and advertising obligations. This leads to widespread non-compliance. 

Evaluation of the Existing Legal Framework 

The current Indian regulatory framework marks a significant step toward promoting transparency and accountability in influencer marketing. The Consumer Protection Act, 2019, ASCI Guidelines, and advertising regulations together set important standards for endorsements and consumer protection. 

However, regulatory fragmentation is still a concern. Multiple overlapping guidelines can create confusion about compliance obligations. Additionally, enforcement mechanisms are often reactive rather than preventive. 

The analysis shows that while the existing framework provides a solid base, more reforms are needed to effectively address emerging digital challenges. Improved monitoring systems, stronger enforcement methods, platform accountability, influencer education, and international regulatory cooperation are essential for ensuring sustainable and ethical growth in influencer-driven fashion marketing. 

Ultimately, the success of influencer marketing regulation relies on the legal rules and the willingness of influencers, brands, social media platforms, and regulatory authorities to foster transparency, accountability, and consumer trust in the evolving digital fashion landscape. 

CASE LAW DISCUSSION: 

  1. Christian Louboutin SAS v. Abubaker & Ors. (2018) Delhi High Court

Facts 

Christian Louboutin, a well-known luxury fashion brand, sued several online sellers and e-commerce platforms for selling counterfeit footwear with its fa[11]mous trademarks and distinctive red sole design. The brand argued that unauthorized sales of counterfeit products misled consumers and harmed its luxury reputation. 

Issues 

  1. Whether the red sole design of Christian Louboutin is entitled to trademark protection.
  2. Whether online sellers and intermediaries can be held liable for facilitating the sale of counterfeit products.

Judgment 

The Delhi High Court recognized the red sole as a famous trademark and granted protection against unauthorized use. The Court stressed that online platforms cannot ignore intellectual property violations on their sites and must exercise due diligence. 

Legal Principle Established 

The ruling reinforced trademark protection in the fashion industry and emphasized the responsibility of digital intermediaries to prevent intellectual property infringement. For influencer marketing, this case shows that influencers promoting counterfeit or unauthorized fashion products may contribute to trademark violations and face legal consequences. 

  1. Gucci America, Inc. v. Guess?, Inc. (2012) United States District Court

Facts 

Gucci claimed that Guess copied several of its distinctive trademarks, logos, and design elements, causing consumer confusion about product origins. Gucci argued that Guess intentionally imitated its luxury branding to benefit from its reputation. 

Issues 

  1. Whether Guess infringed Gucci’s registered trademarks.
  2. Whether the similarities between the b[12]rands are likely to confuse consumers.

Judgment 

The Court ruled that some Guess products infringed Gucci’s trademark rights and awarded damages. The decision reinforced the need to protect luxury fashion brands from unauthorized imitation. 

Legal Principle Established 

This case highlights the importance of trademark distinctiveness and brand identity in the fashion industry. In influencer marketing, influencers must avoid creating misleading associations between brands or promoting products that imitate protected trademarks, as these actions can lead to consumer confusion and trademark infringement. 

  1. Hermès International v. Mason Rothschild (2023) Unite[13]d States District Court

Facts 

Mason Rothschild created and sold digital artworks called “MetaBirkins,” showcasing virtual fur-covered versions of Hermès’ iconic Birkin bags. Hermès argued that these digital products unlawfully exploited its trademark and diluted its luxury brand image. 

Issues 

  1. Whether trademarks receive protection in virtual and digital environments.
  2. Whether digital representations of luxury products count as trademark infringement.

Judgment 

The Court sided with Hermès, ruling that trademark rights extend to digital and virtual marketplaces. The use of the Birkin mark with the MetaBirkins NFTs created a risk of consumer confusion and infringed Hermès’ trademark rights. 

Legal Principle Established 

This decision confirms that traditional intellectual property rights apply in digital spaces. The case is particularly relevant for influencer marketing because fashion influencers increasingly promote virtual fashion products, NFTs, and digital assets. It underscores that influencers and brands must respect trademark rights in emerging digital and metaverse environments. 

CRITICAL ANALYSIS AND FINDINGS 

Current regulations provide a foundation for transparency, but e[14]nforcement is scattered. Many influencers lack knowledge of disclosure requirements. Cross-border content, anonymous promotions, and changing digital platforms complicate regulation. Stronger enforcement methods and platform accountability are needed. 

The rapid growth of social media has turned influencer marketing into one of the most powerful promotional tools in the fashion industry. While collaborations with influencers give brands unprecedented access to consumers, the legal framework governing these activities is still developing. The current regulatory structure in India shows a positive effort to ensure transparency and consumer protection. However, practical and legal challenges continue to weaken its effectiveness. 

One major concern is the gap between regulation and enforcement. Although the Consumer Protection Act, 2019, the Guidelines for Prevention of Misleading Advertisements, 2022, and the ASCI Influencer Advertising Guidelines require disclosures for paid partnerships, compliance varies widely. Many influencers still publish sponsored content without proper disclosures or use vague hashtags that do not clearly inform consumers about commercial relationships. As a result, consumers may unknowingly rely on paid endorsements, thinking they are genuine opinions. 

Key Findings 

  1. Influencer marketing is a key part of modern fashion marketing strategies.
  2. Existing Indian regulations promote transparency but have inconsistent enforcement.
  3. Consumer protection issues remain significant due to misleading endorsements and insufficient disclosures.
  4. Intellectual property violations continue to pose serious risks in digital fashion marketing.
  5. New technologies like AI influencers and virtual fashion products create regulatory gaps.
  6. Cross-border activities by influencers complicate legal enforcement and accountability.
  7. Greater platform responsibility and regulatory coordination are needed to ensure effective compliance.

RECOMMENDATIONS 

Based on the findings of this research, several measures can be taken to strengthen influencer marketing regulation in the fashion industry. 

  1. Strengthening Disclosure Requirements

Disclosure obligations should be sta[15]ndardized across all digital platforms. Regulators should provide clear and uniform formats that consumers can easily understand. Sponsored content should be explicitly labeled with mandatory visual indicators to avoid confusion. 

  1. Enhanced Regulatory Enforcement

While current regulations offer sufficient guidance, their effectiveness relies on enforcement. Regulatory authorities should regularly monitor influencer activities and impose significant penalties for repeated violations. Stronger enforcement methods would improve compliance and build consumer trust. 

  1. Mandatory Legal Awareness and Compliance Training

Many influencers engage in commercial partnerships without enough knowledge of advertising regulations, intellectual property rights, and consumer protection laws. Mandatory training programs should be introduced for professional influencers and digital content creators to enhance their understanding of legal obligations. 

  1. Increased Platform Accountability

Social media platforms should take a more active role in ensuring compliance. They can develop automated systems to identify undisclosed sponsored content, misleading ads, and intellectual property violations. These measures would enhance regulatory oversight and encourage responsible marketing practices. 

  1. Protection of Intellectual Property Rights

Fashion brands, designers, and content creators should have more effective ways to report and remove infringing content. Simplified notice-and-takedown procedures can help rights holders protect trademarks, copyrights, and design rights in digital marketplaces.

CONCLUSION

Influencer marketing has become a key part of the fashion industry’s digital strategy.

Even though India has introduced rules to ensure honesty and protect consumers, there are still problems with how these rules are applied and who is held responsible. A good system that mixes legal rules, self-control from the industry, and technology monitoring is needed.

The mix of social media, influencer culture,and fashion marketing has changed how modern advertising works. Influencers have become important people who can shape what people think, influence their buying choices, and bring a lot of value to fashion brands. Their ability to build real connections with their followers makes influencer marketing one of the most effective ways to promote products in the digital world.

But as more brands rely on influencers, new legal and ethical issues have come up.

Problems like false ads, not being clear about sponsored content, stealing ideas, tricking customers, privacy violations, and who is responsible for platforms show that there is a need for good rules and oversight. The research shows that India has made some important legal steps with the Consumer Protection Act, 2019, the 2022 Advertisement Guidelines, and the ASCI Influencer Advertising Guidelines. But there are still issues with how these rules are followed, enforced, and adapted to new technologies.

Looking at court decisions, it’s clear that courts are paying more attention to protecting consumers and intellectual property in digital markets.

Rulings on trademarks, fake products online, and brand identity show that influencer marketing activities are becoming more important legally. These decisions support the idea that any business done through social media must follow the same legal standards, no matter how new the technology is.

So, the existing legal system has a good base for regulating influencer marketing in fashion.

But it needs to keep getting better to deal with new challenges. Stronger enforcement, more responsibility from platforms, better awareness for customers, and new rules for changing technologies are all important for making sure marketing .

The future of influencer marketing depends on finding a balance between business innovation and legal responsibility.

A system that encourages creativity while protecting customers and intellectual property will help the digital fashion economy grow in a healthy way and build trust in influencer marketing.

BIBLIOGRAPHY :-

Statutes

1.Consumer Protection Act, 2019.

2.Copyright Act, 1957.

3.Trade Marks Act, 1999.

4.Information Technology Act, 2000.

5.Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

Regulatory Guidelines

1.Advertising Standards Council of India (ASCI), Influencer Advertising Guidelines for Digital Media, 2021.

2.Central Consumer Protection Authority (CCPA), Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

Cases

1.Christian Louboutin SAS v. Abubaker & Ors., CS (COMM) 714/2016, Delhi High Court (2018).

2.Gucci America, Inc. v. Guess?, Inc., 868 F. Supp. 2d 207 (S.D.N.Y. 2012).

3.Hermès International v. Mason Rothschild, No. 22-cv-384 (S.D.N.Y. 2023).

4.Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93 (2nd Cir. 2010).

5.Louis Vuitton Malletier SA v. Haute Diggity Dog LLC, 507 F.3d 252 (4th Cir. 2007).

Books

1.Cornish, William, Llewelyn, David and Aplin, Tanya. Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights. 9th ed. Sweet & Maxwell, 2019.

2.Bainbridge, David. Intellectual Property. 11th ed. Pearson Education, 2021.

3.Scafidi, Susan. Who Owns Culture? Appropriation and Authenticity in American Law. Rutgers University Press, 2005.

Journal Articles

1.Scafidi, Susan, “Intellectual Property and Fashion Design,” Fashion Law Journal, Vol. 1, 2007.

2.Dogan, Stacey and Lemley, Mark, “Grounding Trademark Law,” Iowa Law Review, Vol. 92, 2007.

3.Brown, Rebecca, “The Evolution of Influencer Marketing Regulation,” Journal of Digital Media Law, Vol. 15, 2023.

Websites

1.Intellectual Property India. Available at: https://www.ipindia.gov.in

2.Advertising Standards Council of India. Available at: https://www.ascionline.in

3.World Intellectual Property Organization (WIPO). Available at: https://www.wipo.int

4.The Fashion Law. Available at: https://www.thefashionlaw.com

5.Record of Law. Available at: https://www.recordoflaw.in

Reports

1.World Intellectual Property Organization (WIPO), Intellectual Property and the Fashion Industry Report.

2.OECD, Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact.

3.Business of Fashion, State of Fashion Report.

4.Fashion Revolution, Fashion Transparency Index.

[1] [1] Advertising Standards Council of India, Guidelines for Influencer Advertising in Digital Media (ASCI 2021).

[1]Rebecca Brown, ‘The Evolution of Influencer Marketing Regulation’ (2023) 15 Journal of Digital Media Law 112.

[2] Advertising Standards Council of India, Guidelines for Influencer Advertising in Digital Media (ASCI 2021).

[2]Rebecca Brown, ‘The Evolution of Influencer Marketing Regulation’ (2023) 15 Journal of Digital Media Law 112.

[3] OECD, Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact (OECD Publishing 2019).

[5] Business of Fashion, The State of Fashion Report (2024).

[6] OECD, Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact (OECD Publishing 2019).

[7] Consumer Protection Act 2019, ss 2(28), 2(47).

[8] Advertising Standards Council of India, Guidelines for Influencer Advertising in Digital Media (ASCI 2021).

[9] David Bainbridge, Intellectual Property (11th edn, Pearson 2021) 245.

[10] William Cornish, David Llewelyn and Tanya Aplin, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (9th edn, Sweet & Maxwell 2019) 689

[11] Christian Louboutin SAS v Abubaker CS (COMM) 714/2016 (Delhi HC, 2018).

[12] Gucci America Inc v Guess? Inc 868 F Supp 2d 207 (SDNY 2012).

[13] Hermès International v Mason Rothschild No 22-cv-384 (SDNY 2023)

[14] World Intellectual Property Organization, Intellectual Property and the Fashion Industry Report (WIPO 2023).

[15] Consumer Protection Act 2019; ASCI Guidelines 2021; CCPA Guidelines 2022.

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