Is Fashion Law a Thing? What I Learned Studying the Field Abroad

By Arts Law volunteer, Tahlia Miller-Dietrich.

Sports Law v. Fashion Law: Why One is Recognised and the Other Isn’t

Australia has long embraced ‘sports law’ as a recognised area of practice, yet, technically, sports law is more of an umbrella term. An AustLII article articulates this well: 

“There is no unique body of law which can be so labelled… participation in sport regulated by the same laws as all other human activities. The law of contract, in particular ways, plays a central role.”

In reality, ‘sports law’ is simply a specialised application of existing laws to the sporting industry, yet the term is treated as legitimate, widely understood, and institutionally supported.

“The law of torts, administrative and public law, private law, restraint of trade, criminal law, and legislation such as the Trade Practices Act 1974 and the Corporations Act 2001 all have  a role to play in many sporting disputes.” 

Fashion law functions in exactly the same way. It draws on: intellectual property, consumer protection, employment law, commercial contracts, privacy, technology, sustainability regulation, and international trade. Unlike sports law, Australia has been slower to acknowledge it as a coherent field. 

Why Do We Recognise Sports Law in Australia but Not Fashion Law?

After studying at the Fordham University Fashion Law Institute in New York, the world’s first academic bootcamp dedicated exclusively to fashion law, I returned to Australia with one overwhelming realisation: fashion law is a sophisticated, globally recognised legal field. In Australia, the terminology is still met with confusion, hesitation or the assumption that it’s a niche that doesn’t quite have a place.

What I’ve come to understand, after learning from practitioners, academics and industry stakeholders overseas, is that Australia’s hesitation has little to do with the legitimacy of fashion law and everything to do with how slowly our legal culture adapts to new, interdisciplinary fields. 

The View From New York: What I Observed Studying at the Institute

Internationally, fashion law is not considered experimental or fringe. Susan Scafidi, the founder of Fordham Law School’s Fashion Law Institute advocates for the recognition of this area of law as a legal ecosystem with academic programs, specialist practitioners, and industry engagement. 

During my time there, I studied a comprehensive suite of topics shaping the global fashion sector including: 

• Copyright and Trade Mark Protection: for designers and brands. 
• Licensing Arrangements: covering collaborators, product lines and commercial deals. 
• Sustainability and Environmental Compliance: includes greenwashing regulation. 
• Cultural Appropriation and Ethical Considerations: for design and branding. 
• Model and Labour Rights: protections across jurisdictions. 
• Customs, Import and Export Regulations: impacts on global distribution. 
• Advertising, Marketing and Influencer Law: focus on disclosure obligations. 

What struck me most was how normal it was overseas to treat fashion law as a legitimate practice area. The industry itself demands legal expertise tailored to its realities. In New York, fashion law is not a novelty. It’s an established discipline responding to global challenges such as counterfeiting, sustainability mandates, digital marketplace regulation, supply-chain risk, and international brand protection. In Australia, the same issues exist but we rarely label them ‘fashion law’, which means clients often don’t know where to turn. 

The Australian Hesitation: A Cultural Lag, Not a Legal One

Chloe Taylor, one of the few practitioners who was previously openly specialising in fashion and beauty law in Australia, spoke candidly about how difficult it is to carve out a space in this area. Her observations reflect a broader truth: “Fashion law in Australia is young, not because the work doesn’t exist, but because the industry has not yet fully recognised it as a cohesive practice area”. 

Designers rely on copyright and trade marks but the system is fragmented and often ill-suited to the realities of design protection. Influencers face complex advertising and disclosure obligations. Brands must now confront sustainability reporting, import rules, labour standards, privacy compliance and cross-border contractual risks. The legal issues are real and growing, even if we don’t yet call them ‘fashion law’ legal issues. 

Why I Took the Leap to Study in America

For years, whenever I said I wanted to be a fashion lawyer, I was met with confusion, as if the field didn’t exist. My connection to fashion began long before law school, starting with a childhood drawing of myself as a ‘fashion designer,’ even if it looked more like I wanted to become an ironing lady. When I was told at twelve that fashion design was too competitive, I promised myself I’d find another path that kept fashion in my life. 

That path unexpectedly became law. Still, throughout my studies, I worried I’d end up in a career far removed from the industry I loved. These concerns persisted until my semester exchange in Vienna changed everything. There, I took Intellectual Property in the Fashion Industry, and for the first time, I saw a genuine bridge between law and fashion. It reignited my passion and gave me a direction I hadn’t realised existed. 

Later, after discovering Australia’s emerging fashion law community and learning about the Fashion Law Institute in New York, I made the decision to travel to the U.S. alone and complete the Institute’s Fashion Law Bootcamp. That experience opened my eyes to how established, respected and necessary fashion law is in global markets. After witnessing that world firsthand, one thing became undeniable: 

‘No one can convince me that fashion law isn’t a thing. If sports law is recognised in Australia, fashion law deserves the same legitimacy.’

Author: Tahlia Miller-Dietrich 

LLB Bachelor of Laws Graduate

References 

Allan Sullivan QC, ‘The Role of Contract in Sports Law’ (2010) 5(1) The Australian and New Zealand Sports Law Journal 1, 1

Cat Woods, ‘Chloe Taylor on Designing a Career in Fashion Law’, LSG Online (Web Page, 25 October 2023).

New Wave, ‘Fashion Law: Exploring The Legal Side Of The Fashion Industry’, New Wave Mag.

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