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The “LULULEMON DUPE” Trademark: Strategic Brand Protection or Novel Legal Experiment?

Lululemon recently secured U.S. trademark registrations for "LULULEMON DUPE" and "DUPE SWAP," a novel legal strategy in response to widespread counterfeit culture.

These marks, registered for retail and marketing services, follow a campaign where consumers exchanged knock-offs for authentic products. This approach strategically confronts the social media-driven demand for cheaper look-alikes, or “dupes,” which erode brand value and consumer trust. Crucially, maintaining these registrations requires actual commercial use to avoid cancellation for non-use.

Lululemon’s move signals a shift from purely legal enforcement to a market-driven strategy aimed at controlling online search traffic and the brand narrative. It represents an innovative experiment that directly intersects trademark law with marketing and consumer behaviour. This case highlights the growing complexity of brand protection in the digital age, especially for fashion industry leaders.

Partner Ivana Jevtić Nikolova provides a detailed overview of this strategy from the JPM Skopje office.

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JPM Law Office

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