Fashion Dupes: A Growing Trend Sparking Legal Battles
In today’s world, “dupes”—affordable alternatives to high-end clothing—are everywhere. This trend is not only popular among consumers looking for good deals, but it’s also drawing attention from major brands, leading to legal disputes.
Recently, Lululemon, a well-known athletic apparel company, filed a lawsuit against Costco. The lawsuit accuses Costco of selling cheaper versions of some of Lululemon’s popular athleisure items. While the existence of fashion dupes isn’t new, social media has intensified this trend, with influencers guiding their followers to these less expensive options. For instance, if you want a straight-up designer experience with Hermès’ $1,000 slippers, you can grab a similar version at Target for just $15.
Lululemon is no stranger to this issue. The company claims other brands have also copied their popular leggings and jackets, which often retail for over $100. They mentioned various companies, including those featured on social media under hashtags like “LululemonDupes.”
The Rise of Dupes
For years, retailers have offered lower-priced alternatives to famous brands, often through their own generic lines. In many cases, these alternatives closely resemble the design but do not explicitly copy brand logos, making them a legitimate choice for budget-conscious shoppers. It’s clear that many consumers long for luxury but are simply not willing to pay the hefty price tags.
Take Walmart, for example. Last year, they gained attention for a leather bag that looked similar to Hermès’ famous Birkin bag, which can range from $9,000 to beyond. Walmart’s version, priced at $78, was quickly coined the “wirkin” by influencers. While such alternatives might appeal to customers, they can understandably frustrate the original brands. Hermès’ Executive Chairman, Axel Dumas, expressed his discontent regarding the copies, although he admitted it was “touching” that so many wanted the iconic style. He did note, however, that the difference in quality was apparent, as nobody truly mistook the dupe for the real thing.
Legal Concerns
As enticing as these dupes may seem, they can tread into legally murky waters. Legal expert Alexandra Roberts points out that the term “dupe” can confuse legal discussions surrounding counterfeiting. Brands can face challenges when it comes to copyright and trademark issues, particularly if misinformation about the products is involved.
For example, in a recent California lawsuit, Benefit Cosmetics lost a case against E.l.f. over a similar mascara. The judge ruled in favor of E.l.f., highlighting the reality that consumers often prefer affordable alternatives.
Lululemon and Costco’s Clash
In their legal action, Lululemon argues that Costco has taken unfair advantage of its reputation. The company claims that by offering duplicates of popular items—such as the Scuba hoodies and ABC pants—Costco is undermining their brand. One item even featured prominently in the lawsuit was priced at just $19.97.
Roberts expressed skepticism about some of Lululemon’s claims, particularly the functionality of certain design elements. However, she acknowledged that Lululemon has valid concerns, especially around potential consumer confusion regarding brand origins.
Although Costco has yet to respond to the lawsuit, this case continues to highlight the ongoing conflicts between big brands and retailers selling alternatives. Lululemon previously faced a similar situation with Peloton, resulting in a partnership between the two companies after initial disputes.
As dupes become more commonplace, it’s clear that the debate over quality, brand identity, and consumer choice is far from over.
