Lululemon Canada done with 'dupes,' receives trademark for phrase
Shoppers looking for a bargain may have to kiss “Lululemon dupes” goodbye after the company based in Canada registered the phrase for trademark in the United States.
According to the U.S. Patent and Trademark Office‘s records, Lululemon Athletica Canada Inc. filed to trademark the term “Lululemon dupe” on Dec. 4, 2024. The trademark was registered this week on Tuesday, Oct. 21.
“Dupe” is slang for products, typically sold by popular brands, that have been duplicated and usually sold for a cheaper price than the original item.
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According to U.S. trademark attorney Josh Gerben, “dupes” are different from counterfeit goods, which usually directly copy brand names and imitate logos.
In a recent blog post, he explained that legal cases against counterfeits are more straightforward because “the intent to mislead consumers is clear and the copied trademarks are nearly identical.”
He wrote that legal cases surrounding “dupes” can be more complicated because they don’t usually directly copy trademarks or logos, but the trade dress, which is the look and feel of a product, including the shape, colour and aesthetic.
The selling of “dupes” has skyrocketed in recent years, so much so that the hashtag “dupe” on TikTok has over 370,000 posts. Gerben credits this rising trend to the cost-of-living crisis.
“Consumers care more about affordability than buying ‘the real thing,'” he explained in his blog post.
@israaodeh_ To my Pilates girls, we don’t gatekeep here! #glowmode #shein #pilates #pilatesoutfit #styletok #pilatesworkout #fitness #lululemon @Glowmode ♬ Bluest Flame – Selena Gomez & benny blanco
Daily Hive has reached out to Lululemon Canada, asking about why the company decided to trademark the phrase in the U.S., and whether it plans to do the same in Canada. As of Thursday, there is no record of the Vancouver-based athleisure brand filing a trademark for the term in the Canadian Trademarks Database.
This comes months after the brand filed a lawsuit against Costco for allegedly infringing on its trademarks and design patents by selling knock-offs of its clothes.
The company accused the big-box retailer of ripping off patented designs to create and sell dupes of Lululemon’s Scuba hoodies and sweatshirts, Define jackets, and ABC pants.
“There is even a hashtag ‘LululemonDupes’ on social media platforms such as TikTok that social media influencers use when promoting these copycat products,” read the court documents. “The Infringing Products create an improper association with Plaintiffs’ authentic products.”
According to the lawsuit, the brand sent cease-and-desist letters to Costco in an attempt to address the alleged knockoffs. It called on a California court to step in, demanding that the matter be brought to a jury trial.
Lululemon is also demanding that Costco remove any online or print advertising related to the alleged dupes and is asking the court to require the retailer to cover any lost profits.