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Dupe culture and brand protection: IP risks, enforcement and engagement strategies for brand owners and IP lawyers

Published on: 19 December 2024

Published by a LexisNexis IP expert

Legal News

Article summary

What are ‘dupes’ and why do consumers buy them?

‘Dupes’—an abbreviation of duplicates—are pitched as clever stand‑ins for premium items. Unlike counterfeit goods, which try to pass themselves off as the original under the original brand, dupes are framed as savvy alternatives to higher‑end products. Right now, they loom large across fast‑moving consumer goods (FMCG), and especially in cosmetics, where influencer activity strongly drives demand.

Owning an off‑brand replica was once something to keep under wraps, but in today’s fast‑paced, social‑media‑driven world that is no longer true. Shoppers aren’t pretending dupes are authentic; instead, they proudly present them as affordable substitutes. Across platforms—TikTok and YouTube in particular—users showcase budget‑friendly finds, attracting admiration for thriftiness and canny, strategic purchasing. Frugality has become a marker of taste and cultural cachet.

Bloggers and influencers have been instrumental in the ‘dupe trend’ in recent years, increasing accessibility by posting detailed reviews and side‑by‑side demonstrations. This is most evident with make‑up and perfume products, where beauty bloggers film themselves applying or wearing the dupe so consumers can watch the product working in practice before they buy. Reports indicate that 31% of adults have purchased a dupe, and the number continues to rise...

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