The Devil Wears Dupes: Legal Implications of “Dupe Culture” in the Fashion Industry and How Trademark Law Should Adapt

Authors

Alexis Theoharidis

Abstract

The proliferation of dupes in the fashion industry—affordable imitations of high-end designs—has created a complex intersection of intellectual property challenges, ethical concerns, and consumer behavior shifts. While dupes democratize fashion by providing low-cost access to high-end aesthetics, they undermine brand integrity, dilute designer creativity, and exacerbate labor and environmental issues tied to fast fashion. Current trademark law, centered on the Lanham Act, insufficiently addresses these challenges, particularly when dupes avoid direct counterfeiting and exploit legal gray areas. This article critiques the limitations of existing protections, evaluates alternative legal reforms, including updates to anti-dilution provisions and the use of blockchain technology, and explores the broader implications of dupe culture for designers, consumers, and the marketplace. It argues for a balanced framework that integrates strengthened anti-dilution laws with proactive blockchain authentication, aiming to protect originality while fostering market transparency and accessibility. Ultimately, this article underscores the need for nuanced solutions that preserve the creative spirit of fashion while addressing modern challenges.

First Page

213

Recommended Citation

Alexis Theoharidis, The Devil Wears Dupes: Legal Implications of “Dupe Culture” in the Fashion Industry and How Trademark Law Should Adapt, 9 Bus. Entrepreneurship & Tax L. Rev. 213 (2025).
Available at: https://scholarship.law.missouri.edu/betr/vol9/iss1/12