INFRACCIÓN MARCARIA COMO ELEMENTO DE COMPETENCIA DESLEAL EN EL FASHION LAW (ALTA COSTURA Y FAST FASHION COLOMBIA VS ESPAÑA)

Abstract

In the fashion industry, brand infringement has been key to unfair competition, a phenomenon that has intensified with the rise of fast fashion and high fashion. Although they represent opposite approaches, both share the need to position themselves in the market and attract specific audiences. Haute couture, focused on exclusivity and quality, attracts select consumers willing to pay high prices, but its limited production restricts access. Fast fashion, on the other hand, is based on rapid production and low prices, allowing more consumers to follow trends, albeit with lower quality. Both models are vulnerable to intellectual property violations and unfair competition, including practices such as customer detour and confusion. Trademark infringement plays a central role, negatively affecting the prestige and rights of brands. In Spain, the country of origin of brands such as Zara, fashion regulation is more complete than in Colombia, but both countries need legal strengthening in this area to better manage common disputes in the fashion sector, an aspect that is addressed in this paper.