As fashion continues to evolve under the pressures of rapid digitization, changing consumer behaviors and preferences, and global regulatory reform, the legal frameworks that govern the industry are being tested and redefined. From intellectual property protection in the age of AI-generated design to the rise of resale and rework culture, the legal issues shaping fashion today are more complex, interdisciplinary, and consequential than ever.
Fashion law – once a niche area of practice – is now central to how brands build, protect, and scale. On one end, luxury powerhouses are doubling down on trademark, copyright, patent, and trade secret enforcement to maintain control over their designs, logos, and technological innovations. On the other, emerging designers and startups are navigating gray areas around fair use, upcycling, and platform-based brand building that increasingly test the limits of traditional IP.
At the heart of this shift lies a set of overlapping issues and trends …
IP Enforcement in the Remix Era
With the rise of dupes, AI-generated lookalikes, and user-customized fashion, traditional IP enforcement is falling short. Brands are increasingly turning to trademark dilution claims, trade dress litigation, and utility or design patents to defend their assets.
The Resale Revolution & Its Legal Tensions
The explosive growth of resale is raising complex legal issues around trademark exhaustion, authentication, and brand association. While some brands embrace resale, others pursue legal action to control how their products are marketed, modified, or resold, with courts now weighing platform liability in both the U.S. and EU.
Influencers, Endorsements & FTC Compliance
As brand influence shifts to TikTok and Instagram, regulators are cracking down on disclosure violations and deceptive marketing. Fashion brands, agencies, and creators must now navigate tighter rules around sponsored content and influencer partnerships.
Upcycling, Customization & the Limits of Control
The popularity of reworked and upcycled fashion is testing the limits of IP law. Courts are being asked to decide whether customized products are transformative works or infringements – decisions that will define the future of creative reuse.
Sustainability, ESG & Legal Accountability
Sustainability is now a legal concern, not just a marketing message. ESG regulations, greenwashing enforcement, and supply chain laws are accelerating, forcing brands to back claims with verifiable practices or face rising litigation and reputational risk.
To help professionals understand and adapt to this changing terrain, TFL is offering a new virtual program: Fashion Law Fundamentals: IP, Sustainability, and Emerging Business Models. Designed for lawyers, designers, executives, influencers, entrepreneurs, and students, alike, participants will gain an unparalleled understanding of …
> Intellectual Property Principles & Practice: A focused look at IP protection in fashion, from enforcement of trademarks, patents, and copyrights to leveraging technology for portfolio management and anti-counterfeiting.
> Brand Building in the Modern Market: A practical session on crafting brand identity and consumer trust through authentic products, strategic partnerships, and influencer-driven marketing.
> The Opportunities & Challenges of Resale: An insider’s guide to the legal and operational complexities of resale, including authentication risks, counterfeit liabilities, and luxury’s role in circular commerce.
> ESG & Sustainability: Navigating Regulation & Reputation: A legal overview of evolving ESG regulations, greenwashing enforcement, and how fashion brands are aligning compliance with brand strategy.
> The Case for Upcycling & Customization: A legal and business look at upcycling vintage and deadstock materials, exploring consumer demand, scalability, and IP challenges.
> Fashion Law in Practice: A firsthand perspective on brand protection, litigation strategy, and leading legal teams in fashion.
As fashion becomes more interconnected and legally sophisticated, a deep understanding of these issues is no longer optional – it’s foundational. Whether protecting a brand, launching a new line, or ensuring compliance across jurisdictions, legal fluency in fashion is a powerful asset in a competitive and regulated marketplace.
