Retail’s battle with ‘dupe’ culture — how brands like Lululemon are fighting back

Luxury products have always carried an aura of exclusivity. In today’s market, however, their prestige is increasingly shadowed by the rise of ‘dupes’. These cheaper lookalikes — particularly prevalent in beauty and fashion — have moved from being a niche curiosity to a mainstream phenomenon, raising challenges around intellectual property (IP) protection.

In the UK, 53% of shoppers now say that they’re open to buying copycat products, while 28% of beauty consumers report consciously purchasing dupes in 2025. The trend is more pronounced among younger buyers with over half of 18 to 34-year-olds admitting to choosing dupes over originals.

Here, Emily Rickard explores recent examples of how brands like Lululemon are responding to dupe culture and outlines practical steps that retail businesses can take to protect their IP and reputation.

What is a dupe & are they legal? 

A dupe is designed to replicate the same appearance of an original product but in way where customers understand that it isn’t the real thing. Unlike counterfeits, they don’t aim to deceive consumers about their origin. Instead, they imitate the look, feel or function of branded products without copying names or logos.

Manufacturers exploit the popularity and high cost of luxury products by offering similar items at a fraction of the price, appealing to cost-conscious consumers. However, dupes may still infringe the IP rights in the original product. While they often avoid direct infringement by steering clear of trade marks, legal risks remain if a dupe creates consumer confusion, misrepresents itself as the original or damages the brand’s reputation.

Recent UK cases like Thatchers v. Aldi demonstrate that brands can successfully challenge copycat products if they can show infringement of trade marks or design rights or where ‘passing off’ can be proven.

Lululemon’s approach 

As a popular and high-quality athleisure brand, Lululemon has become one of the most ‘duped’ brands in the world. It faces ongoing challenges, including a current infringement case in the US against Costco over products alleged to violate its IP rights. 

In a novel move, Lululemon secured a US trade mark registration for ‘LULULEMON DUPE’ in connection with retail and advertising services but will be required to demonstrate genuine use in order to maintain it. 

This isn’t the first time Lululemon has sought to reclaim the term ‘dupe’ and turn it into a brand asset. In 2023, a Los Angeles pop-up invited customers to trade in knock-off Align leggings for authentic ones with the intention of converting them into loyal buyers who value the quality of the original.

What does this mean for dupes? 

Owning a trade mark registration provides Lululemon with an enforcement tool against third parties, offering a creative way to clamp down on copycat products that are otherwise hard to challenge legally due to the absence of directly infringing elements (use of its logo or protected aspects of the product). Beyond enforcement, the mark can be leveraged in digital marketing, SEO and online advertising to steer consumer interest away from imitations and back towards official products. 

Search engines and social discovery platforms interpret repeated mentions as indicators of relevance. When a large number of users link a brand name with the term ‘dupe’, algorithms strengthen that connection and begin to highlight it more frequently. This transforms the word from a niche label into a recognised category. 

Trade marks like those held by Lululemon represent early efforts to influence how language operates within digital systems. The strategy isn’t to prevent searches but to shape how those searches are monetised. By embracing dupe culture, Lululemon has drawn attention to the quality gap of products and turned the craze into a moment of brand storytelling and customer engagement. 

How businesses can combat dupe culture

Lululemon’s approach shows the power of clever trade mark registration strategies, as well as the importance of having protection for key elements of branding. 

To combat dupe culture, businesses should consider:  

1. Registering designs — to protect the product’s appearance in whole or in part for unique stylistic elements.
2. Registering trade marks — not only for names and logos but also for features that define the look or feel of a product.
3. Building & documenting brand reputation — maintaining evidence of goodwill and consumer recognition to demonstrate when dupes unfairly exploit established brand value.

Talk to us 

The battle against dupe culture is complex and ongoing. Lululemon’s proactive trade mark strategy demonstrates how retail brands can adapt — protecting IP while reclaiming the narrative and turning challenges into opportunities for engagement and growth. As legal frameworks evolve, businesses must remain vigilant, creative and strategic in defending brand value.

Drawing on insights from our recent Future of Retail: Risk & Resilience Conference that examined anti‑counterfeiting alongside wider sector challenges, our retail and beauty and fashion specialists are strongly positioned to support brand owners in identifying protectable assets and developing strategies to address dupes and counterfeits in the market.

Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.