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Digital Threads and Virtual Runways: Navigating IP Protection on Fashion's New Frontier by Terita Kalloo

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In the Women’s IP World Annual 2025, Terita Kalloo, Attorney-at-Law at Terita Kalloo Law, Trinidad and Tobago, examines how digital transformation is reshaping fashion and what this means for intellectual property protection. Her piece explores the rise of virtual runways, NFTs, and immersive brand experiences and the complex legal challenges they create.

A New Digital Frontier

Technologies such as the metaverse, augmented reality (AR), and virtual reality (VR) are ushering in an era where consumers interact with fashion brands through immersive digital platforms. Leading brands like Nike, Gucci, and Balenciaga are already pioneering IP strategies for these new spaces, from extending trademarks into virtual realms to using blockchain and NFTs for authentication.


The IP Challenges of Virtual Fashion

Despite the exciting opportunities, the legal terrain is fraught with challenges. Recent cases, like Burberry's partial trademark refusal at the EUIPO for NFTs and virtual goods, highlight the uncertainties brands face in seeking IP protection in digital environments. Terita warns that even brands choosing not to adopt virtual spaces should still develop strategies to guard against third-party misuse of their IP in these spaces.

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Strategies for Protection & Enforcement

Traditional IP strategies often fall short in the fast-paced digital landscape. Terita outlines how brands can:

  • Integrate blockchain-based authentication systems

  • Develop dual-realm trademark protection

  • Adapt design rights to account for dynamic digital elements

  • Use AI-driven monitoring systems for counterfeiting in virtual spaces


Flexible, future-focused IP frameworks and adaptive licensing models are also key for staying ahead of the curve.

Conclusion

The digital revolution in fashion demands equally innovative IP strategies. As Terita notes, proactive monitoring, scalable protections, and strategic partnerships with digital platforms will be vital for safeguarding brands and ensuring they flourish in the evolving landscape of virtual fashion.





Read the full article in Women’s IP World Annual 2025, essential reading for fashion professionals, legal experts, and innovators seeking to navigate the future of digital fashion with strategy, foresight, and impact.


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