Intellectual Property
Jul. 9, 2025
Dupe culture on trial: Lululemon, Costco, and the future of trademark law
In an era where TikTok hauls and hashtag trends blur the line between homage and infringement, Lululemon's lawsuit against Costco spotlights how the law is scrambling to keep pace with the viral rise of "dupes" -- and the high-stakes battle over brand identity, consumer confusion, and what it really means to copy.
In a digital age driven by influencer culture, viral hashtags and aesthetic mimicry, the fashion industry has encountered a new battleground: the legal implications of "dupes." These copycat products, marketed to replicate premium brands at a fraction of the price, are not new -- but their proliferation through TikTok trends and YouTube hauls has raised the stakes for brand owners and retailers alike. The recent lawsuit filed by Lululemon against Costco provides a timely lens...
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