Fashioning Authenticity: How Digital Product Passports could shape the future of trade mark law

In the evolving landscape of the fashion industry, the interplay between emerging regulatory frameworks, such as the Digital Product Passport (DPP) Regulation, trademarks and narratives about authenticity, is critical in shaping consumer purchasing decisions. This article investigates how marketing, legal and technology might shape consumer behaviour in the future and highlights what legal issues might arise.Through a literature review, an analysis of the current DPP framework, the examination of recent market initiatives, and a case study, this article suggests that DPPs could reduce the importance of trademarks in the marketplace. Indeed, by providing consumers with verifiable digital reference points tied to authenticity narratives, DPPs would lessen the importance of trademarks for reducing consumers’ search costs, thus challenging its economic foundations.Findings underscore the growing influence of technology on consumer choices, the need for trade mark experts to reassess their roles in crafting brand narratives, and the growing need to redefine the foundations of trade mark law. Ultimately, this article aims to provide actionable insights for recalibrating trade mark protections to foster a more innovative fashion industry.