Dupe Culture and IP

‘There’s a historic perception that people who buy the lower price dupe were never going to buy the branded product anyway’  Whether you’re chronically online or a staunch high street shopper, you are bound to have encountered a dupe. They have become an unavoidable aspect of shopping, with many consumers being actively praised for finding them. Navigating them in the context of intellectual property law has proven to be challenging, with the rise of social media accelerating the need for it to keep up.   In this episode, which was produced by qLegal for the TMT institute, we are joined by Deniz Toker, a Trademark Associate, and Kerri Ann Hazzard, a Senior Trademark Attorney, both at Baker McKenzie. In our conversation, Toker and Hazzard discuss how dupe culture emerged, social media’s influence on dupe culture, changing consumer behaviour and psychology, and what IP avenues brands can use to take action against dupes.