Over the past decades, the fashion world has witnessed a striking transformation. The fashion world has evolved from a universe where fashion and trends were the centers to now a global behemoth powered by creativity, brand building, and legal guarding.
During the early periods, the fashion world was mainly concerned with craftsmanship, and intellectual property (IP) protection did not receive much attention. IP rights, like patents and trademarks, were quite underutilized, and most creators did not realize the benefit of obtaining legal protection for their creations.
But as the business grew and globalization left its imprint, fashion was no longer just clothes—it was a successful enterprise of brand and consumer loyalty.
Fast forward to today, and IP protection has become the backbone of the fashion industry.
Designers now realize that their logos, trademarks, and designs are not only creative inputs but also intellectual property rights that need protection against any form of infringement. Successful IP practices have become the cornerstone of success in today’s fashion industry.
Now, designers and brands employ a combination of design patents, utility patents, and trademarks to not only safeguard their unique creations but also to create a distinctive market presence. An effectively designed IP strategy ensures that designs are guarded against copying, branding is protected from counterfeiting, and the creative intent is maintained.
Intellectual Property (IP) guarantees fashion companies protect their designs, products, and brand name. Whether a new clothing line, an original pattern, or a distinguishing logo, IP methods like utility patents, design patents, and trademarks are essential tools for fashion firms to protect their place in the market and prevent infringement.
Utility patents safeguard new inventions or functional features of a product. In fashion, utility patents can encompass anything from new materials for clothing to new manufacturing techniques or novel garment features that add functionality.
Capacity Management System and Method for Supporting Sustainable Production of Garments (CN113228069A)
The patent embraces a system and method for governing production processes with the aim to enhance sustainability within garment manufacturing. The emphasis lies in maximizing the production capacities and resources, whereby there is improved utilization of the materials and lower waste. This kind of patent is worth having for fashion brands that seek to incorporate sustainability in their production procedures, giving them a competitive edge while safeguarding their technological expertise in production.
Decreasing the Environmental Footprint of a Garment (WO2023222581A1)
The patent emphasizes techniques or materials that minimize the environmental footprint of clothing, like through the utilization of green dyes, procedures, or sustainable textiles. As consumers become more and more concerned with eco-friendly fashion, a utility patent such as this enables brands to become market leaders in sustainable fashion while securing legal protection for their environmental technologies and safeguarding against imitation of their green technology.
System and method for supplying cryptographically protected digital assets (US10505726B1)
The patent outlines a system and method for supplying cryptographically protected digital assets, guaranteeing the authenticity, integrity, and ownership of digital goods or assets. The system uses cryptographic methods, including public and private key pairs, to protect digital assets such as tokens or virtual objects from unauthorized copying or tampering.
Fiber-bound engineered materials created with foundation scrims (US20240415230A1)
The patent is a description of an engineered material that is bound in fibers for the purpose of introducing a functional or intended property at a specific point within the material. This new material is created by intertwining a fiber layer with other fibers to create an irregular structure. The process of entangling creates a mechanical bond between the fibers without requiring additional adhesives, interlacing, or other bonding.
Utility patents provide the owner with exclusive rights to produce, use, and sell the patented invention, which can hinder competitors from replicating the functional features of a product. Through the acquisition of a utility patent, fashion brands can protect their technological innovations so that they can benefit from their distinctive designs.
Design patents guard the decorative design of a useful article. In fashion, it covers the distinctive appearance of clothes, shoes, accessories, and other products.
Perfume bottle (USD900615S1) Perfume bottle (USD913797S1)
Handbag (USD686412S1) Track shoe (USD909020S1) Sneaker (USD737552S1) Shoe (USD754955S1)
Design patents assist in preventing other competitors from copying the physical appearance of a product, giving fashion companies an exclusive right to use and sell their designs. A well-protected design patent can enhance the brand’s marketability and demand, since it guarantees customers of the uniqueness and exclusivity of the product.
Also read: How do you conduct a search on a design patent?
Trademarks preserve the business identity of a company, such as logos, names, and slogans that identify the brand’s product from other similar products in the marketplace. Trademarks for fashion brands establish an individual and distinct identity.
INDITEX (79058223) OYSHO (76255256) TRAFALUC (78947201) ZA (76102290)
AIR MAX (73714272) AIR JORDAN (73536336) NIKE AIR (73799044)
Trademarks also develop trust among customers, which stands for the brand’s quality, style, and uniqueness. With trademarking, fashion brands ensure protection of the logo and goodwill and reputation developed in the marketplace.
Nike vs Lululemon
Nike sued Lululemon for patent infringement in January of 2023, claiming four of Lululemon shoe designs—Chargefeel Mid, Chargefeel Low, Blissfeel, and Strongfeel, infringed on Nike’s patented technology for sneakers. A New York federal jury also decided in March 10, 2025, that there should be damages of $355,450 worth for infringement upon some structural components of Nike footwear. The claims regarding Nike proprietary Flyknit technology were also dismissed by the jury.
Shein Racketeering (RICO) Case
In July 2023, three American designers sued Shein in the Racketeer Influenced and Corrupt Organizations (RICO) Act. The designers claimed that Shein consistently infringed their copyrighted designs by employing algorithms to copy their works. Judge Mark C. Scarsi held in November 2024 that the designers adequately alleged copyright infringement and mail/wire fraud as predicate acts for their RICO claim.
PUMA vs Tiger Woods
Puma has sued Tiger Woods’ Sun Day Red clothing brand for trademark infringement, stating that its leaping tiger logo is too close to Puma’s classic “Leaping Cat” logo. Sun Day Red’s logo, which includes a tiger with 15 stripes representing Woods’ 15 major championship wins, is said to lead to consumer confusion because of the design similarity and the overlap in product categories (sportswear).
Since more than a decade, we have been enabling fashion brands with a wide portfolio of intellectual property (IP) services so that their creative content is totally protected and their innovations are lawfully safe. Our customized solutions are meant to counter the risk of infringement, so brands can tread the ever-changing and competitive fashion sector confidently while protecting their individual identity and designs.
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