Can Lululemon make a federal case out of ‘dupe culture’?

In a lawsuit against Costco over a variety of apparel designs, the athleisure brand laments the proliferation of “LululemonDupes” on social media. Brands claiming trademark infringement usually rely on the idea that consumers will be tricked into thinking a lookalike is the real thing. In a twist, Lululemon, in a lawsuit filed in federal court last week against Costco, acknowledges a dupe culture that unabashedly embraces copycats. “Given the success of Plaintiffs’ products, some companies have replicated or copied Plaintiffs’ proprietary apparel designs to create what are colloquially known in the fashion world as ‘knockoffs’ or ‘dupes,’” the brand argues, according to documents from the case. “There is even a hashtag ‘LululemonDupes’ on social media platforms such as TikTok that social media influencers use when promoting these copycat products.”

Can Lululemon make a federal case out of ‘dupe culture’? | Retail Dive

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