How the Lululemon v. Costco case could impact IP strategies for private label branding
The market for knockoff products is at an all-time high, as social media trends and “dupe finder” accounts have led consumers to actively search for duplicate versions, or “dupes” of fashion, makeup and furniture products over the real thing.
These products differ from purely counterfeit products, as dupes do not claim to be the authentic item, but instead are openly marketed as convincing lookalikes of the original. Dupes are often seen as cost-effective alternatives to expensive name-brand products, which influencers and users share online to flaunt their affordable alternatives. The craze has not gone unnoticed by designers and brand owners, as popular brands can often spawn hundreds of duplicate listings on online marketplaces, drawing valuable customers away from their brands.