{"id":15130,"date":"2026-05-07T16:47:52","date_gmt":"2026-05-07T21:47:52","guid":{"rendered":"https:\/\/sites.law.duq.edu\/juris\/?p=15130"},"modified":"2026-05-07T16:47:53","modified_gmt":"2026-05-07T21:47:53","slug":"the-cycle-of-dupe-culture-and-how-it-challenges-brand-identity","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2026\/05\/07\/the-cycle-of-dupe-culture-and-how-it-challenges-brand-identity\/","title":{"rendered":"The Cycle of Dupe Culture and How it Challenges Brand Identity"},"content":{"rendered":"\n

By: Zarena L. Nieves Figueroa, Staff Writer<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n\n\n\n

Photo courtesy of Pixabay.com<\/em><\/p>\n\n\n\n

Whether you buy the generic version of a product or pay attention to an influencer\u2019s recommendations about it on social media, chances are that you have heard if not engaged in dupe culture<\/em>. As an abbreviated version of the word \u201cduplicate,\u201d this phenomenon \u201crefers to products inspired by high-priced market leaders.\u201d1<\/sup>, or \u201ca more affordable version of an unattainably expensive product.\u201d2<\/sup> 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.  <\/p>\n\n\n\n

While dupe culture, as we know it today, is a relatively new occurrence, the general category of \u201cimitation goods\u201d goes back to the times of the \u201cIndustrial Revolution.\u201d3 <\/sup>Similar to today\u2019s society, during this period, the upcoming \u201cmiddle-class\u201d hoped to participate in \u201celite fashion.\u201d4<\/sup> However, today\u2019s society has embraced the idea of \u201cpromoting\u201d these dupes while \u201cearlier generations \u2026 concealed knockoffs.\u201d5<\/sup><\/p>\n\n\n\n

Furthermore, social media\u2019s increasing popularity has been a \u201ccatalyst\u201d6<\/sup> for the development of the dupe culture cycle<\/em>. First, online creators have fostered the perfect environment for it to thrive.7<\/sup> Not only have they \u201cnormalized \u2026 viral recommendations,\u201d8<\/sup> but they have also created the illusion of an unattainable luxury lifestyle. Unable to afford the real stuff<\/em>, audiences resort to the dupes promoted by their favorite influencer. The cycle then continues with, for example, \u201cyounger audiences\u201d that cannot afford \u201cluxury goods\u201d and thus resort to requesting \u201ccheaper alternatives.\u201d9<\/sup><\/p>\n\n\n\n

But how does this affect the original or luxury brands? First, it\u2019s important to understand the legal difference between a dupe and a counterfeit product<\/em>. While counterfeits are completely barred by trademark protections, dupes \u201cavoid direct trademark use.\u201d10<\/sup> Put simply, counterfeits \u201cfalsely claim to be authentic,\u201d and are hence illegal, while dupes are \u201cinspired \u2026 by the original.\u201d11<\/sup> Therefore, customers can tell that a product is not the original even if it is very similar in \u201cdesign, packaging, and overall product appearance.\u201d12<\/sup> This places dupes in a legally \u201cgrey area,\u201d making it harder for brands to protect their identities and complicated for courts to apply the law.<\/p>\n\n\n\n

Generally, these cases come down to \u201ctrade dress and dilution claims under the Lanham Act.\u201d13<\/sup> Under the Federal Trademark Dilution Act of 1995, the Lanham Act gives additional protections to \u201cfamous and distinctive trademarks.\u201d14<\/sup> This means that unlike traditional \u201ctrademark infringement,\u201d trademark dilution does not require brands to prove the \u201clikelihood of confusion to protect a mark.\u201d15<\/sup> However, this lower standard is not always enough. For example, in 2022, \u201ca federal court in New York\u201d held in favor of Apollo Healthcare, \u201cdismissing Sol de Janeiro\u2019s [the original brand] trade dress infringement counterclaim.\u201d16<\/sup> 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<\/sup> Ultimately, the court held that they could not meet this burden because the infringements were functional and non-source-identifying, thus not protected by \u201ctrade dress law.\u201d18<\/sup><\/p>\n\n\n\n

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 \u201csourcing and craftsmanship\u201d; creating products that are difficult to imitate; \u201ccelebrity collaborations to elevate brand status\u201d; creating their own \u201caffordable\u201d lines or \u201cretail partnerships\u201d; and \u201ccommunity engagements through influencers and loyalty programs.\u201d19<\/sup><\/p>\n\n\n\n

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, \u201cinvestment in original design and innovation,\u201d which boosts the economy, will decrease.20 <\/sup>Thus, dupe culture can be an economy booster when balanced in proportion to intellectual property protections.<\/p>\n\n\n\n

____________________________________________<\/p>\n\n\n\n

1 https:\/\/ipwatchdog.com\/2026\/01\/12\/run-dont-walk-dupe-culture-trade-dress-growing-fight-brand-identity\/<\/a><\/p>\n\n\n\n

2 https:\/\/jipel.law.nyu.edu\/dupes\/<\/a><\/p>\n\n\n\n

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

4 Id.<\/p>\n\n\n\n

5 Id.<\/p>\n\n\n\n

6 https:\/\/corsearch.com\/resources\/an-invisible-war-the-growth-of-dupe-culture-its-ramifications-for-brands<\/a><\/p>\n\n\n\n

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

8 Id.<\/p>\n\n\n\n

9 Id.<\/p>\n\n\n\n

10 Id. <\/p>\n\n\n\n

11 Id.<\/p>\n\n\n\n

12 Id.<\/p>\n\n\n\n

13 https:\/\/www.bitlaw.com\/trademark\/dilution.html<\/a><\/p>\n\n\n\n

14 Id.<\/p>\n\n\n\n

15 Id.<\/p>\n\n\n\n

16 https:\/\/www.thefashionlaw.com\/court-hands-sol-de-janeiro-loss-in-bum-bum-cream-trade-dress-dispute\/<\/a><\/p>\n\n\n\n

17 Id.<\/p>\n\n\n\n

18 Id.<\/p>\n\n\n\n

19 Id. <\/p>\n\n\n\n

20 Id.<\/p>\n","protected":false},"excerpt":{"rendered":"

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\u2019s recommendations about it on social media, chances are that you have heard if not engaged in dupe culture. As an abbreviated version of the [\u2026] <\/p>\n

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Read More<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[600,263,441,448],"class_list":["post-15130","post","type-post","status-publish","format-standard","hentry","category-juris-blog","tag-counterfeit","tag-intellectual-property","tag-lanham-act","tag-trademark"],"_links":{"self":[{"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/posts\/15130","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/comments?post=15130"}],"version-history":[{"count":1,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/posts\/15130\/revisions"}],"predecessor-version":[{"id":15134,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/posts\/15130\/revisions\/15134"}],"wp:attachment":[{"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/media?parent=15130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/categories?post=15130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sites.law.duq.edu\/juris\/wp-json\/wp\/v2\/tags?post=15130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}