In an era where budget-conscious consumers are chasing luxury looks for less, the retail industry is witnessing a boom in so-called “dupes,” inexpensive versions of high-end fashion. While such look-alikes are not new, the internet and influencer culture have supercharged the trend, turning it into a booming online economy. As Lululemon sues Costco over alleged copycat apparel, online trends like #LululemonDupes and viral ‘dupe hauls’ on TikTok continue fueling interest in budget-friendly alternatives to high-end labels, from Hermès to Lululemon itself.
Retailers like Target and Quince are offering versions of luxury items at a fraction of the price, allowing shoppers to mimic high fashion without draining their wallets. Walmart stirred online buzz by selling a $78 tote resembling the iconic Hermès Birkin bag. The knockoff, dubbed a “workin” by influencers, may not boast the craftsmanship of the $9,000 original, but its popularity underscores how modern consumers prioritize affordability over authenticity.
Legal Tensions: Lululemon Accuses Costco of Imitation
The rising popularity of dupes has, however, ignited legal battles between brands and retailers. The latest clash emerged last Friday, when Lululemon filed a lawsuit against Costco, accusing the wholesaler of selling lookalike versions of its athleisure bestsellers, including the Scuba hoodie, Define jacket, and ABC pants.
According to the complaint, Lululemon alleges Costco is unfairly profiting from its reputation, claiming the retailer is using its name and style to market similar designs at significantly lower prices, such as the Hi-Tec Men’s Scuba Full Zip, which sells for $19.97. The company asserts that such products create confusion and devalue its brand by mimicking distinctive features.
Lululemon sues Costco, asserting that while this case targets the retail giant, the brand has faced a broader wave of copycats who exploit social media to market low-cost imitations of its signature styles. This has raised concerns within the fashion industry, as brands struggle to protect their intellectual property in an age where visual similarity can go viral in seconds.
Blurred Legal Lines: Are Dupes Illegal or Just Smart Marketing?
The legality of fashion dupes remains murky. Alexandra Roberts, a law and media professor at Northeastern University, points out that the term “dupe” itself is ambiguous and often confused with outright counterfeiting. Most dupes are legal as long as they avoid using protected trademarks or logos, but things get complicated when companies claim ownership over more abstract elements, like the shape or style of clothing.
Roberts expressed skepticism over some of Lululemon’s claims, particularly regarding its assertion of trade dress rights over the crotch design of its ABC pants. “That looks pretty functional,” she noted, adding that functional design elements are not typically protected under trademark law. Nevertheless, she acknowledged that the case presents plausible arguments, especially concerning potential consumer confusion.
Lululemon sues Costco, alleging the retailer collaborates with manufacturers linked to top brands to produce lookalike products under its Kirkland label, further blurring the lines for consumers. However, most items named in the suit are not sold under the Kirkland name, which could weaken Lululemon’s argument.
As the case unfolds, it marks another chapter in the growing tension between original fashion houses and retailers profiting from fast-moving trends. Whether Lululemon succeeds or not, the lawsuit signals a broader challenge for luxury brands in an era dominated by social media-fueled style duplication.
