ARTICLE
28 May 2025

Clone Fashion: The Silent Threat To Indian Designers

Ka
Khurana and Khurana

Contributor

K&K is among leading IP and Commercial Law Practices in India with rankings and recommendations from Legal500, IAM, Chambers & Partners, AsiaIP, Acquisition-INTL, Corp-INTL, and Managing IP. K&K represents numerous entities through its 9 offices across India and over 160 professionals for varied IP, Corporate, Commercial, and Media/Entertainment Matters.
In the fast-moving world of fashion, creativity is everything. Every sketch, every stitch, every fabric choice tells a story.
India Media, Telecoms, IT, Entertainment

In the fast-moving world of fashion, creativity is everything. Every sketch, every stitch, every fabric choice tells a story. For designers, their work isn't just business—it's a personal journey, a form of expression, and for many, a livelihood. But today, in the age of social media and mass production, this creative process is under threat from a rising problem: clone fashion.

Thanks to platforms like Instagram, where visuals spread instantly, a unique design can be copied and mass-produced within days. What once took months to conceptualize and create can now be ripped off and sold online before a designer even showcases it. For India's independent designers and small fashion houses, this is more than just frustrating—it's heartbreaking.

These knockoffs don't just mimic the look of a garment; they devalue the original by flooding the market with cheap imitations. Consumers might unknowingly (or knowingly) buy these clones for a fraction of the price, often without crediting or even knowing the original designer. The result? Designers lose control over their creations, potential revenue, and most painfully, recognition.

What Is Clone Fashion?

Clone fashion isn't the same as counterfeiting. It doesn't always involve fake labels or logos. Instead, it copies the style, color palette, silhouette, or essence of a designer's work without directly infringing on a registered trademark. It's trickier to spot and harder to fight.

While some may argue that imitation is flattery, for creators, it feels like theft. A designer's idea goes viral—and suddenly, mass-produced versions are being sold by anonymous sellers, often overseas. It's nearly impossible to stop it once it starts.

Why Are India's IP Laws Falling Behind?

India has laws to protect intellectual property, but in the context of fast fashion and social media, they're struggling to keep up.

  • Copyright Law: Under the Copyright Act, 1957, sketches and designs are protected—but only up to 50 reproductions. After that, they must be registered under the Designs Act. That's a big problem for designers who make clothing meant to be sold in larger quantities. Plus, the time it takes to register a design is too slow for the fast-paced fashion world.
  • Designs Act, 2000: This law offers up to 15 years of protection—but only if the design is registered beforehand. Unfortunately, registering every new design is often too costly and time-consuming for small or emerging designers. And a slight tweak in a copied design can be enough to dodge liability.
  • Trademark & Trade Dress: Big brands like Christian Louboutin have trademarked unique elements like red soles. But for newer or independent designers without a strong, distinctive brand identity, this kind of protection is out of reach.

Instagram: Boon and Bane

Instagram has been revolutionary for fashion. It allows designers to directly connect with their audience, build brands, and showcase their art. But it's also become a playground for copycats. Clone sellers use anonymous accounts and can disappear just as quickly as they appear. Even if a designer files a complaint, Instagram's response is often slow, and by then, the damage is done—the clone has already gone viral.

More Than a Legal Issue: A Cultural Crisis

Clone fashion is also about the culture we're creating. "Dupe culture" has glamorized knockoffs. Influencers flaunt "inspired" pieces without acknowledging the original artists. Fast fashion brands race to replicate trends with little concern for ethics or originality.For consumers, the thrill of a cheap lookalike often outweighs the desire to support the original. But every time a knockoff is bought, a designer somewhere is robbed of recognition and income.

And then there's the environmental impact. Clone fashion feeds into the cycle of disposable fashion—cheap, trendy, and quickly discarded. It undermines the values of sustainability and craftsmanship.

What Needs to Change?

To truly support designers, we need a multi-layered response:

  • Faster IP protection: Registration processes for designs need to be quicker and more affordable.
  • Stronger platform accountability: Social media platforms like Instagram must improve their tools for detecting and removing IP violations.
  • Consumer awareness: Buyers should be encouraged to choose authenticity and understand the real impact of clone fashion.
  • Empowered designers: Creators should watermark their content, build communities that support original work, and stay informed on legal protections.

Clone fashion highlights a deep disconnect between creativity and commerce. While India's IP laws provide some protection, they're not keeping pace with the digital era. But this problem isn't just legal—it's cultural. If we want fashion to remain a space for innovation and identity, we must choose originality over imitation. Whether you're a consumer, a platform, or a creator, you have a role to play. Support real designers. Celebrate real stories. Because in fashion—and in life—authenticity always matters more than a copy.

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