19 November 2025
When does inspiration cross the line of imitation? Understanding lookalikes, dupes and counterfeits
One of the biggest challenges facing brand owners today is the rise of the copycat. In this article (the first of our series of three), we look at the different types of copycat, their public perception, and how the market for lookalikes has grown with the rise of social media.
Are all copycats the same?
No – there are different types, with differences in how and to what extent they reference the original.
Successful brand owners have always been targeted by counterfeiters. Counterfeits are fakes sold as genuine products, mimicking their trade marks, copyright and designs to deceive the purchaser. Luxury goods, pharmaceutical and electronics manufacturers are constantly battling counterfeiters, usually with the assistance of customs and trading standards authorities. Counterfeiting is a criminal offence and a civil wrong and is tackled under an array of different laws ranging from intellectual property legislation to consumer protection. Counterfeit products are often harmful to consumers as their quality is often inferior to the original and their manufacturers do not generally take safety into account. We will look later at the particular laws and practices involved in challenging counterfeit goods. In some countries, such as Italy, it's important to note that there is no distinction between counterfeit goods and infringing goods. In those countries all such goods are treated as infringing goods.
A lookalike is not a counterfeit but visually resembles another product, such that it calls it to mind at the point of sale. A lookalike is often intentional (when sold in budget stores) but may sometimes be unintentional. Dealing with lookalikes successfully relies on different intellectual property laws depending on where the brand owner takes action. Historically, the courts have swung between protecting the original brand and allowing the lookalike.
Today's brand owners also have to face a new challenge: "dupes" (short for duplicates). They do not claim to be the original but are seen as affordable alternatives to high-end products, inspired by and referencing some of the characteristics of the original. Beauty, fashion and fragrance products are often duped and advertised on social media as such. Purchasers know they are not buying the original and there is sometimes pride in buying the dupe which is usually sold under a different brand name. But when does inspiration cross the line of imitation?
Trade mark owners should understand the distinction between the different terms to be able to devise the best strategy to protect their brand. Adopting a holistic, layered enforcement strategy tailored to each type of copycat is likely to be the best approach. This series of articles considers the available options.
“Trade mark owners should understand the distinction between the different terms to be able to devise the best strategy to protect their brand.”
Impact on the economy and brand value
Although each type of copycat is different, they each have the potential to dilute the value of the original brand, cause it reputational damage and create an unfair playing field. It can be hard to quantify the effect of counterfeits and imitation products but they are a widespread (and growing) problem. In their 2025 joint Report, the EUIPO and OECD reported that in 2021 the global trade in counterfeit goods was valued at approximately USD467 billion. A 2023 EUIPO study reported that 80% of consumers would lose trust in a brand if it was associated with counterfeit products, even if the brand was not directly at fault. So, brand owners must take action to preserve their reputation and brand value.
While people are aware of the negative effects of buying counterfeit goods (to themselves and society), many consumers still do so. The 2023 EUIPO report gave the following statistics based on interviews with over 25,000 individuals based across the EU in the previous 12 months:
- A third of Europeans find it acceptable to buy counterfeits if they think that the price of the genuine product is too high. This figure rises to half among young people. Younger consumers are more likely to be open to buying counterfeits (or, more likely, dupes – a more recent phenomenon and so not expressly addressed in the 2023 EUIPO report) when they consider the price of the original to be too high. Brand owners might have to adapt their strategies to different types of consumer as a result.
- 39% of Europeans have wondered whether something they have bought is a real product or a fake.
- 13% of Europeans report having bought counterfeits intentionally. This figure goes up to 26% for those aged 15 to 24.
These figures relate specifically to counterfeits, so they may not tell the whole story for other kinds of copycats. In particular, the economic and brand impact of dupes is not clear. On the one hand, this is because they are a relatively new phenomenon on the global mass market. They tend to occupy different, often more legitimate, sales channels to counterfeits. Moreover, while both counterfeits and dupes can vary widely in form and how they refer to the original, dupes remain more vague in their definition.
Role of the Internet and social media
The Internet and social media have made access to counterfeits and dupes much easier (and counterfeiters harder to trace). For example, Dupe.com is a deal hunting platform popular on social media, which offers a reverse image search tool allowing users to find cheaper lookalikes of designer furniture and other consumer products. Social media platforms sometimes ban keywords and related hashtags such as "#dupe" but infringers adapt by using code words and other means to make clear to consumers what they are selling.
Different generational approaches – the growth (and acceptance) of dupes
The increased cost of materials resulting in increased costs of luxury goods may be resulting in the rise (and normalisation) of dupe culture as consumers look for alternatives. Some call it the "copyconomy".
Discount supermarkets often sell products that dupe more expensive products. Other brands are proud to promote that they sell "luxe for less" and are highly valued by the market (see for example the Australian brand MCoBeauty that was sold in 2025 and has been valued at approximately AUD1 billion).
Gen Z consumers particularly are embracing dupes of luxury items and often proudly share their finds. Gen Z is a force to be reckoned with – by 2030 they are estimated to represent USD12.6 trillion in spending power. How Gen Z shop for and buy products is also different from previous generations – they seek out TikTok shops and influencer recommendations, for example. (The word "dupe" is apparently one of the most popular words on TikTok.) So, how can brands ensure that more consumers are buying their brands rather than copies? They will have to adapt their strategies to the changes in the market.
Influencer marketing plays an increasingly important role in many companies' marketing strategies. Influencers may even promote dupes (known as dupe influencers). Are they personally accountable if consumers are misled or can the original "duped" brand take action against the influencer? Is there any merit in doing that? There are numerous legal challenges for both influencers and the brands they promote, and influencer marketing remains a focus for advertising regulators around the world. Knowing how to navigate the sometimes-complex advertising regulations and the options for enforcement is important for brands. It may no longer be a question of just looking to the copycat manufacturers for redress; addressing content put out by influencers may be another avenue to explore. Our DLA Piper Influencer Marketing Guide is a helpful introduction to the complex legal framework around the world when deciding what action to take.