Trademarks and Dupe Culture: Leveraging Enforcement

By January 21, 2025 News

McCoy Russell has been examining the rise of dupe culture and its implications for consumer trust and brand protection. The previous post highlighted concerns surrounding this trend. While dupes are not inherently illegal, they often blur the line between inspiration and infringement, creating opportunities for counterfeit products to thrive. Unlike dupes, counterfeits directly violate trademarks by copying brand names, logos, or designs to mislead consumers into believing they are purchasing authentic goods.

In this post, McCoy Russell delves into strategies for protecting brands and maintaining consumer trust through the effective use of intellectual property.

Trademarks are a cornerstone of branding, enabling companies to establish their identity and foster consumer confidence. They serve as evidence of ownership and grant the exclusive right to use the registered mark in commerce for the specified goods or services. This foundation enables brands to take enforcement actions, such as sending cease-and-desist letters or requesting takedowns on selling platforms, when infringement occurs.

An essential component of any enforcement plan is actively monitoring trademark activity to address dupes and counterfeits as they emerge. A registered trademark provides the legal backing necessary for effective takedown efforts, going beyond simple pressure tactics. Additionally, the rise of dupe culture presents an opportunity for brands to enhance awareness by collaborating with sellers and influencers, launching campaigns that educate consumers about dupes and counterfeits, and reinforcing trust in their products.

McCoy Russell has an active specialty in trademark and branding with its lead partner having over 20 years of experience in trademark practice. Well-known mark protection, trade dress and product configuration, and world-wide portfolio development and management comprise the cornerstones of McCoy Russell’s branding practice. With over 250 active conflict matters worldwide, including opposition and cancellation proceedings, McCoy Russell offers comprehensive trademark strategies to protect brands.

Contact us today to learn how we can support your brand protection efforts. Contact us if we can be of assistance.