Run, Don't Walk: Dupe Culture, Trade Dress, and the Growing Fight Over Brand Identity

""Recent lawsuits involving Lululemon, Sol de Janeiro, and Smucker's show that courts are now being asked to define the limits of trade dress protection in industries where imitation is common and trend cycles are short." "Run, don't walk!" has become a familiar call across TikTok and Instagram, signaling that a new budget-friendly "dupe" has landed on store shelves. What was once quiet bargain-hunting has turned into a celebrated online trend, where creators openly compare low-cost look-alikes to premium products."

"But, as dupe culture surges, brand owners are increasingly turning to trademark and trade dress law to protect what they argue is far more than just a logo, but their brand identity. Recent lawsuits against major retailers and beauty brands show that courts are now being asked to draw clearer lines between lawful competition and unlawful imitation. Counterfeit goods are relatively straightforward under trademark law. They falsely claim to be authentic, often using protected logos or brand names to deceive consumers (Schulz). Dupes, by contrast, avoid direct trademark use. They may mirror design, packaging, and overall product appearance, but consumers can generally tell that the product is inspired by-not the same-as the original (Van Santen)."

Dupe culture has surged on platforms like TikTok and Instagram, where creators highlight low-cost look-alikes to premium products. Dupes imitate design, packaging, and overall appearance without using protected trademarks, and consumers often recognize them as inspired versions rather than authentic goods. Brand owners increasingly pursue trademark, trade dress, and dilution claims under the Lanham Act to protect brand identity and prevent consumer confusion. Recent lawsuits involving major retailers and beauty brands require courts to delineate when imitation crosses into unlawful trade dress infringement. The legal line between lawful competition and unlawful imitation remains unsettled as trend cycles shorten. Courts will need clearer standards to balance competition with protection in industries where imitation is common.

Read at IPWatchdog.com | Patents & Intellectual Property Law