“From Viral Trend to Legal Risk: Navigating the Dupe Economy”

In an article published by Total Retail, Marshall Gerstein Partner and Chair of the Trademarks & Copyrights Practice Tiffany Gehrke and Associate Alexa Spitz explore the rapid rise of the “dupe economy” and the legal risks it presents for brands operating in today’s digital marketplace. 

The authors examine how social media and influencer-driven trends have accelerated consumer demand for lower-cost alternatives to branded and luxury products, transforming “dupes” from a niche phenomenon into a mainstream retail force. While these products may appeal to cost-conscious consumers, they often exist in a legal gray area, raising complex questions around trademark infringement, trade dress protection, and brand dilution.

Tiffany and Alexa explain that not all dupes are unlawful, but brands must carefully evaluate when imitation crosses the line into infringement, particularly where consumer confusion or misleading marketing is involved. They also highlight the challenges of enforcement in a fast-moving, online environment where copycat products can quickly gain traction.

The article outlines practical strategies for companies navigating this landscape, including proactive intellectual property protection, monitoring emerging trends, and aligning legal enforcement with broader brand and business objectives. As the dupe economy continues to evolve, the authors emphasize that companies must adapt their IP strategies to protect brand value while remaining responsive to shifting consumer behavior.

Read the full article in Total Retail.