In our latest episode of the Off the Shelf podcast series, Julia Dickenson explores the growing popularity of dupes and lookalikes and why they are causing concern for businesses in the luxury, fashion and cosmetics sector. Julia shares practical strategies that brands should consider when tackling this issue to help safeguard their products and maintain their market position.

In depth

Brands are increasingly concerned about dupes due to their potential to damage brand reputation, dilute market position, impact design and research investment, and cause consumer confusion. Unlike counterfeits, which use the brand name and trademarks, dupes avoid obvious trademark infringement, making them harder to challenge legally. Brands are employing legal avenues such as non-traditional trademarks, designs, copyright, and unfair competition to combat dupes. However, these methods can be complex and less straightforward than traditional avenues. As a result, brands are seeking more creative ways to bring cases and address this growing problem.

Often promoted via social media channels by social media influencers, dupes may seem like attractive alternatives to the actual product. Many consumers, especially younger ones, believe dupes don't carry the same risks as counterfeit items, viewing them as a smart way to achieve the same results without paying premium prices. However, it is crucial to educate consumers about the negative impacts of dupes on both brands and the consumers.

Dupes can damage brand reputation, have economic consequences for legitimate businesses, and pose safety risks for consumers. These products are often of lower quality and fail to meet the standards of the original products, leading to consumer dissatisfaction and mistrust.

The prevalence of dupes can also stifle innovation, as brands may be disincentivized to invest in research and development if they are not protected from imitations. Moreover, many producers of dupes are unlikely to adhere to legal and ethical standards, resulting in unsustainable and unethical production practices, which can have broader negative implications for both consumers and the environment.

While addressing dupes at scale can be more complex than dealing with counterfeit products, the key is for brand owners to start building a strategy early on. By considering this issue from the product conception stage and integrating a comprehensive approach throughout the entire process, brand owners can better protect their innovations. Dupes are on the rise, but there are numerous steps that can be taken to effectively combat them. Proactive planning and a well-thought-out strategy will be crucial in maintaining a competitive edge and safeguarding brand integrity.

Tune into the Baker McKenzie Off the Shelf video chat series for more practical legal insights on key issues affecting consumer goods and retail businesses.