From Viral Trend to Legal Risk: Navigating the Dupe Economy

In today’s retail market, the hottest item isn’t always the original product. Increasingly, it’s the dupe. Across social media, influencers regularly spotlight lower-cost alternatives to luxury and premium products, and consumers eagerly pursue these “dupes,” turning imitation into a viral shopping strategy.

But for retailers, the dupe economy raises an important question: When does an inspired-by product become an intellectual property problem? Understanding the answer is becoming essential as retailers race to keep up with fast-moving trends.

Not All Dupes Are Illegal

When consumers talk about dupes today, depending on the context, they may mean very different things.

At one end of the spectrum are counterfeits — i.e., products designed to trick buyers into believing they're purchasing the original brand. These products clearly violate trademark law and can lead to significant liability.

At the opposite end are “inspired by” products that capture the general aesthetic of a trend without copying protected brand elements. These products are often fair competition, provided they do not confuse consumers about who made the product.

The challenge lies in the large gray area between those two extremes. Products that closely mimic another brand’s packaging, product name, or design can raise IP concerns even if the retailer never intended to create confusion.

Speed Increases Risk

Retail has always moved quickly, but today’s trend cycle moves at unprecedented speed. Social media can propel a product into viral popularity overnight, and manufacturers can produce similar items in weeks or even days.

That speed increases the risk that a retailer may unknowingly launch a product that looks too similar to a competitor’s protected design or branding.

For example, IP protection may extend beyond brand names to include trade dress, which covers the distinctive look and feel of a product or its packaging. A product that copies a recognizable visual presentation — even without using the brand name — may still face legal scrutiny.

Retailers that move quickly to capitalize on trends should build basic IP review into their product development process to avoid problems later.

Brands Are Getting More Creative

As dupe culture grows, many brands are rethinking how they protect their IP. Some companies are expanding their trademark portfolios, seeking protection not just for product names but also for marketing phrases, packaging elements, and even messaging around “dupes.” Others are layering multiple forms of protection, including design patents, copyrights, and trade dress, to create stronger barriers against copycat products.

These strategies matter because enforcement increasingly happens online. Digital marketplaces and social media platforms often require proof of registered IP rights before they will remove allegedly infringing listings.

The stronger a brand’s IP portfolio, the easier it becomes to act when copycat products appear.

Practical Steps for Retailers

Retailers don’t need to avoid trends altogether to manage dupe-related risk. However, a few practical steps can make a significant difference:

1. Focus on inspiration, not imitation. Following trends is normal in retail, but copying distinctive features, especially packaging, logos, or product names, can create legal exposure.
2. Build IP awareness into product development. A quick review of potential conflicts before launch can prevent expensive problems later.
3. Watch marketing language. Calling something a “dupe” of a specific brand can attract unwanted legal attention if it implies a connection between the products.
4. Strengthen your own IP strategy. Retailers with strong brands should consider whether trademark, design patent, copyright, or trade dress protection can help safeguard their products.

The Bottom Line

Dupe culture reflects a real shift in consumer behavior. Shoppers increasingly expect affordable alternatives to trending products, and retailers that respond quickly can capture significant demand.

However, the same speed that fuels the dupe economy also increases intellectual property risk.

Retailers that understand the legal boundaries and incorporate basic IP strategy into their operations will be best positioned to compete in a market where inspiration, imitation and innovation are constantly colliding.

Tiffany D. Gehrke is a partner and chair of the Trademarks and Copyrights Practice at Marshall Gerstein. Alexa P. Spitz is an associate at Marshall Gerstein.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney. Views expressed are those of the author and are not to be attributed to Marshall, Gerstein & Borun LLP or any of its former, present, or future clients.