In the eye of consumers, finding a product similar to Ugg’s Tasman slippers or Lululemon’s Define jacket at a lower price can be a great deal. However, for the original manufacturers, these lookalike items can pose a threat to their business. While knock-offs have been around for a while, the trend of duplicates, or “dupes,” has surged in popularity in recent years. Younger buyers, particularly active on social media platforms like TikTok, openly flaunt their dupe discoveries without any sense of shame.
The proliferation of dupes has triggered a wave of legal battles initiated by companies seeking to curb the existence of counterfeit products. Various fashion and beauty brands, including American Eagle, Sol de Janeiro, Benefit Cosmetics, Deckers Brands, and Supergoop, have taken legal actions against entities producing imitation versions of their products. Notably, Lululemon recently sued Costco over alleged knock-offs of its clothing items.
The legality of dupes hinges on the intellectual property rights held by a company over its products and the discernibility between the original and the copy. Factors such as patents, industrial designs, and trademarks play a crucial role in determining the legality of a dupe. Moreover, the extent to which customers could mistake the duplicate for the original is a key consideration in legal disputes.
While the rise of dupes has sparked debates in the legal realm, the consumer demand for affordable alternatives remains strong. The fashion industry has a long history of embracing copycat designs, as seen in the success of fast fashion brands like H&M and Forever 21. Despite the ongoing legal battles, experts believe that the market for dupes will continue to thrive due to persistent consumer demand and the evolving landscape of brand competition.
