“How the Fashion ‘Dupe’ Economy is Redefining IP Strategies”

In an analysis for Law360, Marshall Gerstein Partner and Chair of our Trademarks and Copyrights Practice Tiffany D. Gehrke and associate Alexa P. Spitz examine how the rise of the "dupe economy" is reshaping trademark enforcement and brand-protection strategies in the fashion and consumer goods industries. 

"Whether dupes are celebrated or criticized, their impact on consumer behavior is undeniable," Tiffany and Alexa write. "The dupe economy has created a new era of consumption where savings are chic and lower-cost alternatives to luxury items saturate the market. Traditional luxury fashion brands must contend not only with lower-cost 'dupe' versions of their goods but also with the speed at which these items reach consumers and the unprecedented levels of promotion they receive from social media influencers and celebrities."

The trend has led brands to adopt more creative and proactive intellectual property strategies, including unconventional trademark filings and layered protection approaches that combine trademarks, trade dress, copyrights, and design patents. 

The authors confirm that dupe culture is no longer a fringe issue but a commercial and reputational force driving brands to align their legal strategies with the realities of fast-moving online commerce.

Read the full article in Law360.