How secure is your fashion brand in today’s fast-paced market? With competition fierce and trends moving faster than ever, a strong grasp of Intellectual Property (IP) law is essential. Knowing when to register—and when to enforce—copyrights and trademarks can mean the difference between protecting your designs and losing them. 

In this new edition of Insight Circuit, the Singapore Fashion Council welcomed Professor David Tan, Faculty of Law, NUS, who demystified the IP landscape, focusing on trademarks and copyright. 

Spoiler: Not everything that appears morally wrong is illegal—but knowing your rights is half the battle won. 

Key Takeaways:  

• Copyright protects anything you write, draw or make; it focuses on physical craftmanship and begins the moment the pen hits the paper, as long as you document it, and it lasts forever. For example, the shape of a garment — that is not protected by copyright. In the words of Prof Tan, “Copyright protects the specific expression of your idea,” the way it manifests tangibly, “not the idea itself”. He calls this the idea-expression dichotomy, which makes copyright cases hard to win in court.  

• He also explored the challenges of copyright, explaining that the threshold of originality is low to winning a copyright case. However, claiming a copyright on a ‘basic’ design does not achieve a strong range of infringement. Winning copyright cases are also geographically specific, as David explained that you are more likely to get approved in the US rather than Singapore because their laws contain less strict categories.  

• On the other hand, trademarks matter more in fashion. They offer legal protection for your logos, brand name or even distinctive packaging, so long as it is registered. Trademarks serve not only to designate the origin of goods or services but also to embody the distinctive identity and character of a brand. Notable case studies discussed include Tiffany & Co.’s iconic blue packaging, the signature red soles of Christian Louboutin stilettos, and Bottega Veneta’s recognizable intrecciato criss-cross leather pattern. Each of these elements has been successfully registered as a trademark in several jurisdictions, underscoring their strong brand associations and legal distinctiveness. 

• But it is important to know the difference between parody and trademark infringement. He referenced the case of “Chewy Vuitton”; dog toys manufactured by Haute Diggity Dog that parody Louis Vuitton. Surprisingly, Louis Vuitton lost the appeal as the court ruled there was no real risk of consumer confusion, as the product was clearly satirical. 

• Understanding IP law doesn’t mean handing out legal cases at every opportunity but instead learning to pick your battles. Lawsuits can be prohibitively expensive and time-consuming. He stressed the importance of “doing your homework” and being smart about dispute; knowing if you will earn money or if your design was truly original. Just because something feels like it’s been “copied” does not mean that it is legally actionable. Moral wrongs aren’t always legal wrongs—and sometimes the best remedy is not the courtroom, but public exposure via social media or press. 

In all, the best way to stay protected and navigate the legal grey areas are to understand what your legal rights are as a brand, be well versed in what can and cannot be protected and make smarter decisions about when and how to protect, defend or simply let it go.