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Fashion Law in Australia: Protecting Creativity and Brand Value in 2025
The Australian fashion world thrives on innovation—runways, social feeds, and e-stores are flooded daily with new ideas and looks. But behind every great design or trending brand lies a host of legal considerations that can make or break its commercial success. 2025 has brought new industry case studies and challenges, especially as fashion becomes more digital, global and tech-driven.
Case Study 1: Katy Perry vs. Katie Perry—Why Every Name Matters
One of the most talked-about legal clashes in recent years is the Katy Perry v Katie Perry trade mark saga. Australian designer Katie Taylor built her business using her actual name, “Katie Perry”, before global pop star Katy Perry’s apparel line attempted to register a similar brand. After years of legal wrangling—culminating in a High Court review—the message is clear: your brand name, trade mark registrations, and ongoing monitoring matter deeply, especially when the markets (and names) overlap. Even international celebrities are not immune from Australia’s IP system. The case highlights why designers must secure Australian trade mark registrations for brand names and logos early, monitor for similar filings, and keep records of use.
“Whether you’re a start-up or a superstar, if you want to keep your name, you HAVE to protect it with a registered trade mark in every key market.”
Case Study 2: Fashion Designs, Fast Fashion, and the Fight for Originality
A growing risk for Australian brands is being copied by overseas fast-fashion sellers. Just last year, a local accessory designer discovered nearly identical (but much cheaper) imitations of her 2023 designs on international e-commerce platforms within weeks of her launch. While copyright offers automatic protection for original sketches and certain one-off items, it’s rarely effective for mass-produced clothing or accessories. Instead, design registration—a separate process under Australian law—uniquely protects the shape, configuration, pattern, or ornamentation of your product for up to 10 years. That means you can take infringers to the Federal Court for damages or an injunction much more easily.
A tale from Griffith Hack’s publications sums it up:
A Melbourne designer won a Federal Court injunction against a major online retailer after proving that a registered design for a unique bag shape had been copied almost exactly. The remedy? Immediate sales stoppage and a damages settlement. Without registration, enforcement would have been slow, costly, and maybe impossible.
“Design registration gives you real leverage—especially when fakes or copies pop up out of nowhere.”
Contracts, E-commerce, and Sustainability: The Other Pillars of Fashion Law
It’s not just IP registration. Successful Australian fashion brands are investing in strong contracts across the supply chain. This can range from non-disclosure agreements for new collections, to model releases for photoshoots, agency agreements for distribution, and contracts with influencers or collaborators.
Increasingly, brands are also facing requirements from retailers and regulators for transparency about sourcing, sustainability, and modern slavery. There’s no hard legal definition of “sustainable fashion” yet, but failing to meet consumer and social expectations (as well as emerging ESG rules) can cause brands real harm.
A Brisbane swimwear startup was recently praised for its contracts: it not only secured registered designs but also used clear sustainability clauses with its offshore manufacturers. This prevented a PR nightmare when a batch of faulty labels threatened to breach both consumer law and sustainability commitments by incorrectly stating material sources.
“A transparent supply chain and airtight contracts are now as valuable to your brand as the right logo.”
Why Monitoring and Watching Still Matters
Even with some legal tools in place, a brand’s biggest ally is ongoing vigilance. In June 2025, a Sydney streetwear label noticed a new trade mark application for a nearly identical name. Because they had “watching” services in place, they filed a timely opposition and avoided months (or years) of costly legal uncertainty. Simple, regular reviews of IP registers (or asking your lawyers to set up automated alerts) can catch threats before they do damage—and save thousands in the process.
Takeaways for Fashion Businesses in 2025
Don’t delay on IP filings. Secure trade marks, design registrations, and key web domains before you go public.
- Know your contracts—at every level. From factories to photoshoots, paper beats a promise every time.
- Watch the market. Use legal watching services or set up regular search alerts to flag and fight imitators, fast.
- Stay honest and transparent. If you claim “eco” or “ethical”, make sure your contracts and practices back it up; misleading consumers can trigger legal trouble.
- Get advice from the start. If in doubt, ask an experienced IP lawyer who “gets” fashion. The law is confusing, but with the right approach it can empower your brand’s next big move.
How Sharon Givoni Consulting Can Help
At Sharon Givoni Consulting, we live at the crossroads of creativity and commercial law. Whether it’s securing your IP, reviewing contracts, setting up design registrations, filing trade marks or helping with e-commerce, we’re here to help you protect and grow your fashion business. We know it’s personal—because your brand’s future depends on it.
“Protecting your creativity isn’t just legal red tape—it’s the foundation for building a brand people trust.”
Contact us to get your fashion IP and contracts future-fit: sharon@iplegal.com.au
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.