Trademark Functionality in the Context of Fashion and Luxury Brands
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
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.
Description
Dissertation submitted to National Law University and Judicial Academy, Assam
in partial fulfilment for award of the degree of
ONE YEAR LL.M. DEGREE PROGRAMME.
Submitted by:
Runjhun Sharma
UID: SF0224026
Semester: 3rd
Supervised by:
Dr. Debasis Poddar
Professor of Law