Wyatte Grantham-Philips and Anne d’Hynenzio, AP Business Writer
NEW YORK (AP) – Fashion “Dupée” or cheaper versions of high-end clothing and other accessories are everywhere these days. They also draw some businesses into the legal battle.
In the latest example, Lululemon filed a lawsuit against Costco on Friday, accusing wholesale club operators of selling some low-priced duplicates of popular athletic apparel.
In the retail industry, it is far from a new phenomenon. But social media is pushing the culture of online dupes shopping to new heights as influencers are directed at places where they can buy imitations to their followers. Want a taste of Hermes’ $1,000 fuzzy slippers? Target comes in a $15 version. Looking for the Bottega Veneta Hobo Bag, priced at $2,800? There’s a $99 version for the online clothing and accessories startup.
It’s not the first time that Lululemon has said it’s a counterfeit of clothing. Without specifying additional sellers beyond Costco in Friday’s complaint, Lululemon noted that a few companies are “replicating or copying” their apparel to sell cheaper products, including those that have become popular online via hashtags such as “Lullemon Dope” on Tiktok and other social media platforms.
The dupe is nothing new
For years, businesses have deployed a variety of options that consumers can buy, often through retailer homes and popular brands, instead of expensive name brands and designer labels. Unlike more direct copies of products with patented brand fraudulent trademarks or logos, “pure” dupes that resemble certain features are generally legal. They can even stimulate recognition of the original item.
But dupe’s frenzy, especially in the fashion space, shows that many shoppers want a taste of luxury but don’t want (or care) the real thing anymore.
For example, late last year, discount chain Walmart created a buzz when it began selling leather bags that resemble Hermes’ coveted Birkin bags online. Although it doesn’t seem to have its own website, the $78 item that Camgo sells is just a small fraction of the original price, priced between $9,000 and hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag “working.” Other suppliers, including BestSpr, YMTQ and Judy, were listed on the Walmart website, which sells similar totes.
It’s popular among shoppers, but this kind of look can irritate targeted businesses. Following the “Workin” viral fame, Hermes executive chairman Axel Dumas, shared his annoyance, for example.
“Making a copy like this is extremely hateful,” Dumas said in a February corporate revenue call. Still, he admitted that seeing many consumers want a Birkin-style bag is “very touching.” And the “difference in quality” is still clear, and everyone is paying attention to how they bought the Dupet thinking it was from Hermes.
When Dupet challenges uncertain legal realms
Alexandra Roberts, a professor of law and media at Northeastern University, said “the term “dupet” itself doesn’t speak much of a thing about legality,” and said the term is also used to describe more traditional counterfeiting.
But overall, Dupe can move to unstable legal territory, including copyright and trademark infringement, especially if Dupet’s marketers make false claims about duplicates or originals.
“I’m going to get into some annoying questions, especially in fashion,” Roberts said. This includes what intellectual property rights exist, how enforceable they are, and whether there are actual infringements, or whether the product is “positioned as a cheaper alternative.”
In many cases, such disputes summarise trademark questions regarding consumer confusion and patented product design. Some companies have already tested this, but they are not always successful.
For example, in December, they lost a California lawsuit over the Elf’s $6 Rush’n Roll Mascara. The judge’s decision was “a overwhelming victory for us.” CEO Taran Amin previously told The Associated Press.
“The basic reality is that we always have an elf twist,” he said. “It’s a much better value ELF product.”
Lululemon sues Costco
Lululemon in its lawsuit alleged that Costco is “illegally trading” about Lululemon’s reputation and is accusing it of being “directed to retailers who chose to copy rather than compete” as part of its broader intellectual property enforcement.
Lululemon accused Costco of creating duplicates of several products, including defining popular Scuba hoodies, jackets and ABC pants. Lululemon says that one of the duplicates Costco is selling is the HI-TEC Men’s Scuba Full Zip, and the lawsuit shows a screenshot image on Costco’s website, showing an item priced at $19.97.
Roberts said she was “a little skeptical” of some of Lululemon’s claims, noting that it could be difficult to challenge a design patent in particular. And she pointed out that Lululemon claims a common law trade dress in the “crotch triangle shape” of ABC pants.
“My first reaction as a trademark expert is that it appears to be quite functional,” she says, and functional issues are not protected under the trademark law. “That particular claim looked really exaggerated to me, so I was just cracking. Those pants really look basic.”
Still, Roberts pointed out that Lululemon had plausible claims.
Lululemon claims that Costco is known to use a manufacturer of popular branded products for its private label Kirkland brand, but the companies involved have not made that information clear to customers. For this reason, Lululemon argues that some shoppers may believe that Kirkland branded products are made by authentic suppliers of “original” products.
Roberts said this could be dominated by Lululemon’s favor as “it will be heavier on consumer confusion.” Still, she said that most of the Lululemon mentioned in the complaint were not sold under the Kirkland brand, which could undermine the debate.
A message was left on Tuesday to request comment from Costco on the lawsuit.
Lululemon was in a similar controversy with Peloton in 2021, suing the exercise bike company for allegedly “copy cat products” on its new clothing line at the time. Two years later, the company announced a five-year partnership, including Lululemon becoming Peloton’s leading athletic apparel partner.
AP Business Writer Michelle Chapman contributed to this report.
Original issue: July 2, 2025, 11:48am EDT
