“Dupe Culture” and the Line Between Inspiration and Counterfeit

Influencer hauls celebrate “dupes” as a style choice. When does homage become trademark or copyright theft, and who gets hurt?

The word “dupe” makes it feel harmless. You get the vibe of a luxury item without the price, not a big deal right? Well, the tag sells a look, not a logo. But when you look closer, the story changes and the stitching copies a signature pattern. The hardware copies a protected shape. The print repeats a mark that a brand registered years ago. Influencers call it a find. Brands call it a fake and is disrespectful to the work they have put into their designs. Platforms sit in the middle while buyers argue that fashion has always been borrowed. Meanwhile, design students see their field changing by fast, cheap knockoffs, and small labels lose sales they cannot afford to lose. On top of this, there are also major safety issues when counterfeit goods skip testing. Aesthetic choice really just starts to look like a legal one. So, where is the line between inspiration and theft, and who gets to draw it?

It is typical for fashion to build on older ideas, this is normal and the law does allow some of this. Also, copyright can protect original prints and artwork along with trademarks that protect names and logos. “Trade dress” can also be protected, which is “…protects a product’s overall look when it identifies the source,” (U.S. Patent and Trademark Office [USPTO], 2013). So, the first sale lets you resell a real item you bought, but does not let you make look-alikes that would confuse buyers. The words “inspired by” and “dupe” really blur these lines on social media. Some of these items are legal look-alikes, but there are no protected marks. To add, counterfeits don’t go through safety checks. That means dyes and glues in bags can be toxic, makeup can contain banned chemicals, and electronics like chargers can overheat or catch fire. Kids’ items may use weak parts or loose beads that break and choke. There is no warranty, no recall system, and no clear way to hold anyone accountable when something goes wrong. As a result, “Global counterfeit trade is roughly USD 467 billion,” (OECD & EUIPO, 2025). Though these items may look real on camera, it is definitely not the same thing in court.

So who really gets hurt? Well it’s not just big luxury houses, but small labels lose sales that are needed for them to survive. New designers and students see their ideas constantly copied before they can even build a name for themselves. Additionally, when brands copy fast, factories have to make things cheaper and quicker. That can mean lower pay and harsher hours for workers. Buyers often end up with flimsy stuff that falls apart, and there is no real customer support when it does. The platforms still earn views and ad money from “dupe” videos whether the product is good or bad, so the cycle keeps going. People will keep buying it and see for themselves whether the dupe was worth it or not.

“Dupe Culture” uses the language and tools of art like styling, storytelling, and mood board to sell a look. Often, these videos promoting these dupes are filmed like a mini fashion edit or as something you need. This shifts from homage into unauthorized copying which is the criminal side of this, counterfeiting, buyer confusion, and money taken from the people who made the original. The promotions for these products turn real design work and brand meaning into a quick thumbnail, link, and often dissatisfaction with the item. It treats authorship as optional while the platform and creator promoting it still earns views. In that space, art is not just the look, but it becomes the aesthetic cover that makes taking from others feel normalized.

So what should change? Well, clever labels would definitely help with this. If a product advertisement contains a legal look-alike, mention it! If it shows a product that copies protected marks, treat that as a counterfeit and take it down. Also, schools, especially fashion programs, can teach basic IP in intro to fashion courses. Another factor that would help would be creators and marketers taking less “dupe” brand deals, and start selling more original products and how to style them. Platforms can also ask sellers and affiliates to show proof of origin before links go live, and require clear labeling so viewers can tell a lawful look-alike from a copy; recent legal guidance adds that brands should address influencer content directly, since influencers may be held accountable if consumers are misled (Varese et al., 2025). Marketplaces should enforce their own anti-counterfeit rules and remove listings that use another brand’s marks or extremely similar signs. Together, these steps push attention and money towards these hardworking designers instead of those making the fakes.