The Legal Side of Dupe Culture by Eugenio J. Torres-Oyola and Karla-In Encarnación Pak

The Legal Side of Dupe Culture, written by Eugenio J. Torres-Oyola, Managing Member, and Karla-In Encarnación Pak, Associate Attorney, at Ferraiuoli LLC, Puerto Rico. In The Global IP Magazine Issue 24, Eugenio J. Torres-Oyola, Managing Member, and Karla-In Encarnación Pak, Associate Attorney at Ferraiuoli LLC, Puerto Rico, explore the growing phenomenon of dupe culture and its legal implications. As social media platforms normalise and amplify the promotion of affordable look-alike products, the authors analyse how trademark law, brand identity, and consumer perception intersect in an increasingly trend-driven digital marketplace.

The Rise of Dupe Culture in the Digital Marketplace

Dupe culture has moved from the margins to the mainstream, fuelled by platforms such as TikTok and Instagram. Consumers now openly celebrate affordable alternatives to luxury goods, often promoted by influencers as visually indistinguishable from high-end products. While these products appeal to budget-conscious buyers, they raise complex legal questions about imitation, brand dilution, and the limits of intellectual property protection. Understanding What a “Dupe” Really Is

A dupe, short for duplicate, is typically a lower-cost product designed to replicate the look and appeal of a luxury item without copying its name, logo, or other protected brand identifiers. By carefully avoiding direct infringement, dupe manufacturers often operate within a legal grey area. This strategy allows them to capitalise on consumer demand while challenging traditional notions of trademark enforcement and brand exclusivity.

Trademark Law and Consumer Confusion

Under US trademark law, protection is primarily concerned with preventing consumer confusion regarding the source of goods. Federal trademark registration offers nationwide rights, legal presumptions of ownership, enforcement tools, and border protection mechanisms. However, trademark law does not automatically protect every visual element of a product. Words, logos, and source-identifying symbols are protected more readily than product shapes, patterns, or overall appearance. Why Fashion Protection Gets Complicated

Fashion brands face particular challenges when seeking trademark protection. Elements such as trade dress or overall “look and feel” require proof of secondary meaning demonstrating that consumers associate the design with a single source. Generic features, functional elements, and common design patterns generally fall outside the scope of protection. This creates fertile ground for dupe products, which intentionally replicate non-protectable aspects while steering clear of registered marks.

Brand Pushback and Strategic Protection

Despite these challenges, brands are not without options. Registering core brand assets, names, logos, distinctive patterns, colour schemes, and feature placement remains a critical first step. Some brands are also adopting creative strategies to reclaim control of the narrative, including proactive trademark filings that address dupe culture directly. However, enforcement decisions must be carefully weighed against cost, timing, and commercial value, particularly for emerging designers with limited resources.

Conclusion

Dupe culture underscores the delicate balance between inspiration and imitation in today’s fast-paced consumer markets. While trademark law remains a vital tool for protecting brand identity, it is most effective when combined with a broader, layered IP strategy. As dupe products continue to reshape consumer behaviour, brands that take a proactive and multidimensional approach to IP protection will be best positioned to preserve long-term value and reputation.

Read the full article in The Global IP Magazine Issue 24, essential reading for brand owners, legal professionals, and IP strategists navigating the evolving legal landscape of dupe culture.

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