The Cycle of Dupe Culture and How it Challenges Brand Identity

By: Zarena L. Nieves Figueroa, Staff Writer

Photo courtesy of Pixabay.com

Whether you buy the generic version of a product or pay attention to an influencer’s recommendations about it on social media, chances are that you have heard if not engaged in dupe culture. As an abbreviated version of the word “duplicate,” this phenomenon “refers to products inspired by high-priced market leaders.”¹, or “a more affordable version of an unattainably expensive product.”² Therefore, those who typically would not be able to attain these luxury goods are now able to give the appearance of being able to do so. However, these alternatives come at the cost of brands potentially losing their identity, meaning that they are no longer able to rely simply on trademark or trade dress law to protect their products as dupe culture continues to blur the lines of what is legally acceptable.

While dupe culture, as we know it today, is a relatively new occurrence, the general category of “imitation goods” goes back to the times of the “Industrial Revolution.”³Similar to today’s society, during this period, the upcoming “middle-class” hoped to participate in “elite fashion.”⁴ However, today’s society has embraced the idea of “promoting” these dupes while “earlier generations … concealed knockoffs.”⁵

Furthermore, social media’s increasing popularity has been a “catalyst”⁶ for the development of the dupe culture cycle. First, online creators have fostered the perfect environment for it to thrive.⁷ Not only have they “normalized … viral recommendations,”⁸ but they have also created the illusion of an unattainable luxury lifestyle. Unable to afford the real stuff, audiences resort to the dupes promoted by their favorite influencer. The cycle then continues with, for example, “younger audiences” that cannot afford “luxury goods” and thus resort to requesting “cheaper alternatives.”⁹

But how does this affect the original or luxury brands? First, it’s important to understand the legal difference between a dupe and a counterfeit product. While counterfeits are completely barred by trademark protections, dupes “avoid direct trademark use.”¹⁰ Put simply, counterfeits “falsely claim to be authentic,” and are hence illegal, while dupes are “inspired … by the original.”¹¹ Therefore, customers can tell that a product is not the original even if it is very similar in “design, packaging, and overall product appearance.”¹² This places dupes in a legally “grey area,” making it harder for brands to protect their identities and complicated for courts to apply the law.

Generally, these cases come down to “trade dress and dilution claims under the Lanham Act.”¹³ Under the Federal Trademark Dilution Act of 1995, the Lanham Act gives additional protections to “famous and distinctive trademarks.”¹⁴ This means that unlike traditional “trademark infringement,” trademark dilution does not require brands to prove the “likelihood of confusion to protect a mark.”¹⁵ However, this lower standard is not always enough. For example, in 2022, “a federal court in New York” held in favor of Apollo Healthcare, “dismissing Sol de Janeiro’s [the original brand] trade dress infringement counterclaim.”¹⁶ While it may be easier for a brand to meet their burden when it comes to trade dress infringement, Sol de Janeiro still had a high burden to prove because their trade dress was not registered.¹⁷ Ultimately, the court held that they could not meet this burden because the infringements were functional and non-source-identifying, thus not protected by “trade dress law.”¹⁸

So, with these limitations to trademark and trade dress law not being enough to protect brands against dupe culture, what can they do to protect their identities? The main suggestion is to embrace alternatives to litigation, including: a focus on “sourcing and craftsmanship”; creating products that are difficult to imitate; “celebrity collaborations to elevate brand status”; creating their own “affordable” lines or “retail partnerships”; and “community engagements through influencers and loyalty programs.”¹⁹

In the end, because the law is partly meant to promote the economy, the making of alternative and affordable products can be beneficial for society. However, this must be done within the legal constraints of the protections granted to brands by trademark and trade dress law. Otherwise, “investment in original design and innovation,” which boosts the economy, will decrease.²⁰Thus, dupe culture can be an economy booster when balanced in proportion to intellectual property protections.

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1 https://ipwatchdog.com/2026/01/12/run-dont-walk-dupe-culture-trade-dress-growing-fight-brand-identity/

2 https://jipel.law.nyu.edu/dupes/

3 https://ipwatchdog.com/2026/01/12/run-dont-walk-dupe-culture-trade-dress-growing-fight-brand-identity/

4 Id.

5 Id.

6 https://corsearch.com/resources/an-invisible-war-the-growth-of-dupe-culture-its-ramifications-for-brands

7 https://ipwatchdog.com/2026/01/12/run-dont-walk-dupe-culture-trade-dress-growing-fight-brand-identity/

8 Id.

9 Id.

10 Id.

11 Id.