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ARTICLE · 23 JULY 2024

Tackling Beauty Lookalikes

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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Counterfeiting and lookalikes significantly impact beauty brands, with lookalikes mimicking products without claiming authenticity, leading to revenue loss and brand dilution. To combat this, a robust IP portfolio including copyrights, design rights, and non-traditional trademarks is essential. Social media influencers fuel demand for these cheaper alternatives, exacerbating the issue. For further insights, see "The Psychology of Lookalikes" by Influence at Work.

United KingdomIntellectual Property

Our friends at SnapDragon Monitoring recently wrote about the impact of counterfeiting and lookalikes on beauty brands.

I find the issue of lookalikes captivating as intellectual property enforcement can be quite tricky in those cases. Whilst counterfeit products very often integrate identical or confusingly similar word marks - they are "fake", non-authorised copies of the original goods - lookalikes instead mimic the product without claiming that they are the genuine article.

There are a lot of cases and discussions around supermarket lookalikes, but the problem is also affecting the cosmetics sector with an increasing number of "dupes" flooding the market. The difficulty is that there is clear consumer demand for such lookalike (and obviously cheaper) products. For example, I can see many social media "influencers" in the beauty space who actively look for, and share examples of, dupes to their online community.

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