Lululemon has successfully obtained a trademark for the term “Lululemon dupe” in the United States, as per official documents from the U.S. Patent and Trademark Office. The trademark, granted on October 21, comes after the athletic apparel company applied for it in December 2024. This trademark covers various aspects such as advertising, marketing, and retail services both in physical stores and online. Essentially, this means that only Lululemon has the right to use this phrase for promotional purposes.
As of the latest update, there is no similar trademark registration found on the Canadian Trademarks Database. According to Susan Scafidi, the founder of the Fashion Law Institute and a law professor at Fordham University in New York, this move by Lululemon is a strategic measure to safeguard itself against imitations. These imitations, often known as “dupes,” resemble popular branded products but are sold at lower prices. Scafidi highlighted that the term “dupe” carries a different connotation compared to terms like “fakes” or “knock-offs,” which has raised concerns for brands about potential market competition.
With the ownership of the phrase “Lululemon dupe,” Lululemon now has the authority to take action against individuals or entities using it for commercial purposes, such as influencers promoting similar products or marketers utilizing the term online. Even though sellers of Lululemon lookalike items may not explicitly mention the phrase in their product listings, they could face repercussions if the term appears in hidden data like metadata, potentially leading consumers to their products when searching for Lululemon dupes online.
While the specifics of the trademark may seem less significant, according to business and law professor Daniel Tsai from the University of Toronto and University of Canada West, owning the trademark alone can sometimes compel others to cease selling infringing products to avoid legal disputes. Moreover, under U.S. trademark laws, companies must actively use their trademarks to maintain ownership, indicating that Lululemon will likely incorporate the phrase “Lululemon dupe” into its future campaigns or activations.
Notably, Lululemon has been proactive in protecting its brand integrity by utilizing various strategies over the years. This includes hosting events like the “dupe swap” in Los Angeles, where customers could exchange knock-off products for authentic Lululemon items. The company has also taken legal action against retailers like Costco for allegedly selling duplications of its signature apparel. Looking ahead, other companies might follow suit by seeking to trademark their brand names along with the term “dupe” to reinforce their intellectual property rights amidst a landscape where copycat products pose ongoing challenges.
In essence, the battle to safeguard brands against imitation products remains a continuous process, prompting companies to adapt and innovate in their approaches to intellectual property protection.
