The Dupe Dilemma

The global industry is awash in "dupes", cheaper alternatives that mimic the look and feel of popular high-end products. Dupes thrive in an economy where consumers crave the taste of luxury at budget prices. Social media has supercharged the rise of dupes, where a single viral video can undercut sales of a cult-favourite product overnight. For consumers, it's a win. For brands who have spent years developing, formulating, packaging, marketing and building a reputation, it is a growing threat. It begs the question, is imitation truly the greatest form of flattery?

From a legal standpoint, not all imitation is unlawful. Dupes that serve to replicate only a product's function are typically not infringing. But when imitation extends to packaging, branding, and the overall "get-up" of a product, the legal risks for copycats, and the opportunities for enforcement by rights holders, increase significantly.