Dupe mania is an increasingly widespread trend on social media, where influencers play a key role in promoting copies and imitations of major fashion and cosmetic brands. A quick look at the hashtag #dupe and its variants, such as #fashiondupe, on platforms like Instagram, TikTok or YouTube, reveals the scale of this phenomenon, which mainly involves a very young audience.
It is difficult to pinpoint exactly when the spread of dupe mania began, but in 2022 the Zara vs. Shein challenge seems to have accelerated this trend. How can one not notice the #dupechallenge: young people challenge each other to find the best imitations in stores or supermarkets, announcing the imitated or copied brands.
But what’s new? Imitations and counterfeits have existed for decades. The novelty is in the social phenomenon related to dupes: buying imitations or even counterfeits is not seen as an unfair practice to be kept hidden, on the contrary, it is considered trendy and clever to do so.
Key factors that have likely influenced the enduring demand for dupes include a shift in mindset among younger consumers who have made it socially acceptable to buy and flaunt replicas, and the role of e-commerce and social media, including the birth of an entire genre of influencers focused on identifying and promoting dupes. Videos on TikTok that bear the “dupe” hashtag have racked up nearly six billion views to date.
While dupes may be more in-demand than ever, brands are reacting to this trend. Counterfeits hurt more than lost sales on the part of trusted brands, and they are illegal for good reason. To view a fake as simply a cheaper alternative to a brand name product is incorrect and overlooks the health, product safety, environmental, and labor concerns related to the production and distribution of counterfeits.
A dupe is not necessarily a counterfeit. The distinction between imitation and counterfeiting can sometimes be blurred. The terms “dupe,” “copy,” and “counterfeit” are often used interchangeably, but they have distinct meanings.
A “dupe” generally refers to a product that resembles another, often more expensive item, both in appearance and function. However, it is typically not marketed or sold with the intent to deceive consumers into believing it is the original product. Dupes can be legal and openly marketed as alternatives to pricier products.
A “copy” is a broader term that can refer to any reproduction or imitation of an original product. It may or may not be intended to mislead consumers. Copies can be legal or illegal depending on intellectual property rights, copyright laws, and unfair competition regulations.
A “counterfeit,” on the other hand, is a product intentionally made to deceive consumers into thinking it is genuine. Counterfeit products often bear identical or very similar trademarks, logos, or branding to the original product. Unlike dupes, counterfeits are always illegal because they violate intellectual property laws and infringe on brand rights.While all three terms involve products that resemble others, the key differences lie in the intent behind their production and adherence to legal standards.
Why Are Imitations a Problem?
Imitations can have devastating consequences for small and medium-sized enterprises and can cause “tarnishment” to well-known brands.Brand tarnishment occurs when a brand is associated with a product or service that damages its reputation or image. This can happen when the brand is linked to something negative or immoral, potentially affecting public perception. For example, if a respected brand is used to promote low-quality products, it could harm the brand’s image and decrease its value. Tarnishment weakens the value and uniqueness of a registered trademark, compromising its ability to stand out in the market and uniquely identify associated products or services.
For small and medium-sized businesses, imitations directly lead to lost profits: unfair competition from imitations can result in decreased sales and revenue for companies investing in new product development. Often, original products and imitations are presented similarly, suggesting they have the same quality or performance level. Associating a high-quality product’s brand with a “low-cost” item can lead to a loss of consumer trust and damage the original brand’s reputation.
How to Protect Against Imitations
Protection can be achieved by registering trademarks and designs, monitoring the market, and promptly taking legal action against imitations. Another important aspect is educating customers on how to recognize authentic products and report imitations. An informed customer base can be a valuable ally in the fight against imitations. Collaborating with intellectual property attorneys to develop a protection strategy and legal action plan against imitations is essential for success.
