Browsing by Author "Sharma, Runjhun"

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    Trademark Functionality in the Context of Fashion and Luxury Brands
    (National Law University and Judicial Academy, Assam, 2025-06) Sharma, Runjhun
    The main issue addressed by this work is the vagueness in Indian trademark law and the treatment of aesthetically functional aspects of fashion and luxury goods. Other jurisdictions, such as the United States and the European Union, have developed jurisprudence and statutory interpretation to provide some scrutiny regarding aesthetic functionality, but Indian law has yet to develop any such jurisprudence or statutory interpretation. Therefore, this legal gap creates uncertainty in enforcement, can dilute a brand's protection strategies, and may deter innovation and competition in the fashion industry.