NEW YORK (AP) — The rise of fashion “dupes,” affordable imitations of high-end clothing and accessories, has sparked legal battles across the retail industry. In a recent development, Lululemon has filed a lawsuit against Costco, accusing the wholesale giant of selling lower-priced versions of its popular athleisure apparel.
Fashion dupes, while not a new concept, have gained unprecedented traction through social media platforms, where influencers guide followers to cheaper alternatives. This trend is reshaping consumer habits, as shoppers seek luxury looks without the hefty price tags. For example, Hermès’ $1,000 fuzzy slippers have a $15 counterpart at Target, and Bottega Veneta’s $2,800 hobo bag finds a $99 alternative at Quince.
The Legal Landscape of Fashion Dupes
Lululemon’s lawsuit against Costco highlights the complex legal terrain surrounding fashion dupes. The athleisure brand alleges that Costco has “unlawfully traded” on its reputation by selling duplicates of its products, such as the Scuba hoodies and Define jackets. The lawsuit includes a screenshot from Costco’s website, showcasing the Hi-Tec Men’s Scuba Full Zip priced at $19.97, a stark contrast to Lululemon’s pricing.
According to Alexandra Roberts, a professor of law and media at Northeastern University, the legality of dupes hinges on nuanced intellectual property issues.
“The term ‘dupe’ itself doesn’t tell us much about legality,” Roberts noted, explaining that the term has been used for both legitimate alternatives and outright counterfeits.
The legal challenges often revolve around trademark and copyright infringement, especially when false claims about the original or duplicate products are made.
Historical Context and Market Dynamics
The concept of dupes is not new. For decades, retailers have offered budget-friendly alternatives to expensive brands, often through generic or house brands. However, the current frenzy is driven by a cultural shift where consumers desire luxury aesthetics without the associated costs. This trend is evident in examples like Walmart’s $78 leather bag, resembling the Hermès Birkin, which retails for thousands of dollars.
While such products are popular among consumers, they often frustrate luxury brands. Hermès Executive Chairman Axel Dumas expressed his discontent over the “wirkin” bag, stating,
“Making a copy like this is quite detestable,” while acknowledging the consumer desire for the Birkin style.
Implications of Lululemon’s Legal Action
Lululemon’s legal action against Costco is part of a broader strategy to protect its intellectual property. The company previously engaged in a similar dispute with Peloton over alleged copycat products, which eventually led to a partnership. This lawsuit underscores the ongoing tension between brand protection and consumer demand for affordable alternatives.
Roberts suggests that Lululemon’s claims may face challenges, particularly regarding design patents, which are difficult to enforce. She points out that some claims, like the “triangle kind of shape in the crotch region” of the ABC pants, appear functional and thus not protected under trademark law.
“Those pants look really basic,” Roberts commented, expressing skepticism about the strength of some claims.
Looking Ahead: The Future of Fashion Dupes
The outcome of Lululemon’s lawsuit against Costco could set a precedent for future cases involving fashion dupes. As the industry grapples with this growing trend, brands may need to adapt their strategies to balance intellectual property enforcement with consumer preferences.
Meanwhile, the popularity of dupes continues to rise, fueled by social media and changing consumer attitudes towards luxury and authenticity. As Roberts notes, the key issue remains whether these products create consumer confusion or simply offer a more accessible alternative to high-end fashion.
As the legal proceedings unfold, the industry will be watching closely to see how this case influences the broader landscape of fashion and retail.
