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ARTICLE · 07 OCTOBER 2026

Intellectual Property Report

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is a leading international law firm with 11 offices located in the US, Europe, and the...

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From Lululemon's strategic response to dupe culture to landmark trade dress victories and AI-powered patent analysis, this intellectual property report examines how brands are adapting their protection strategies in an era of social media influence and technological transformation. The collection explores critical developments in trademark law, patent prosecution, and the evolving intersection of artificial intelligence with IP due diligence.

United StatesIntellectual Property
Baker Botts
Baker Botts

"Lululemon Dupe": Rethinking Brand Protection in the Age of Dupe Culture

Alexis Symcheck Robison

“Dupe culture” has become a consumer movement built around affordable imitations of premium products, with influencers posting side-by-side comparisons under hashtags like #LululemonDupe, which has amassed over a billion views on TikTok. Rather than simply fighting the phenomenon, Lululemon has also sought to engage with the language consumers use to describe products that imitate its offerings. 

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Double Standard for Double Patenting

Benjamin Rosen, Sam Kwiatkowski

After In re Cellect and Allergan v. MSN provided guidance on the administration of obviousness-type double patenting in view of patent term adjustments, the doctrine’s next question has been asked. Can an obviousness-type double patenting rejection rest on the risk of harassment alone, even when no patent term is being extended? The USPTO’s Appeals Review Panel says it can, and the Federal Circuit is

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Baker Botts L.L.P.
Baker Botts L.L.P.