Dupes, Designs, and the Law

In this episode, associate editor Addison Fouts dives into the world of “dupes” and their legality. Dupes are “inspired by” designs and have been highly promoted on social media in recent years. Joined by Attorney Daliah Saper, we unpack the recent Lululemon v. Costco lawsuit and what it reveals about how far brands can go to try to protect their designs. We break down the basics of intellectual property law, and explore how up-and-coming designers can safeguard their creative work. Finally, we clarify the crucial difference between a “dupe” and a counterfeit item. Whether you’re a creator, consumer, or just curious about IP law, this conversation will give you the legal insight behind the “dupe” trend! If you're interested in this week's topic, please check out these resources to learn more: https://abovethelaw.com/2023/12/fashion-victims-dupes-are-a-serious-problem/ https://www.ropesgray.com/en/insights/alerts/2025/06/imitation-game-legal-considerations-with-dupes-based-business-models https://www.offitkurman.com/offit-kurman-blogs/trade-dress-at-a-glance-protecting-the-look-and-feel-of-a-product