An Executive Voices Blog by Stephanie Pottick, Licensing, Trademark & Copyright Attorney at Pottick Law PC

Having strategies to enforce your intellectual property (IP) is more important than ever these days, especially with the rise of “dupes.”

Dupes (short for duplicates) are products that are typically similar in appearance or design to an original item but less expensive, which attracts consumers who can’t afford—or don’t want to pay top dollar for—the original. These are not to be confused with counterfeits, which are meant to deceive the purchasing public into thinking the fake is the real thing, as dupes aren’t pretending to be the original branded product.

Not only are dupes becoming socially acceptable alternatives to branded products, but there are people who actively seek them out. Social media seems to be having an impact on this as influencers share beauty and fashion dupes online. Unfortunately, as long as people are willing to buy dupes, companies will make them. They’re popping up everywhere in connection with toys and collectibles, makeup and skincare, apparel, and more.

Brands create adoring fans. We become emotionally attached to our favorite characters and love to collect the merch, which can provide nostalgia, excitement, and most of all emotional connection. This is great news for brand owners who want to capitalize on their success with licensing opportunities.

But not every fan is a brand loyalist.

For example, who hasn’t seen a Labubu-focused unboxing video online? It’s definitely a “thing.”  And there are so many Labubu dupes out there that they even have an unofficial name—“Lafufu.” Lafufu are fake versions of the Pop Mart figures, and while the name itself conjures up Labubu, most of the Lafufu figures are intentionally different.

People want to be part of the phenomenon but, because Labubus sell out so fast and are so hard to find, fans are turning to these fakes to satisfy their demand.

But dupes (and counterfeits, too) come with real dangers. Not only is a brand harmed (economically as well as through potential consumer confusion and infringement, etc.), but consumers are also put at risk because if a product isn’t the branded product, it may not be safe for its intended use.

Whether it’s makeup or toys, most countries require you to test your product to ensure it meets health and safety standards. Reputable companies and retailers test their products rigorously and have insurance for when things go wrong. But the manufacturers and sellers behind dupes probably don’t do the same, and that can be a real concern—especially when it comes to toys for kids.

When it comes to licensing, especially, having a plan to protect and enforce your IP is crucial. Here are some strategies you may want to consider:

Protect your IP
Ensure your IP is protected up front (and protected far and wide if you can afford to do so) by working with a trusted attorney. Evaluate what you have so you can make the best business decision as to what to protect. The most typical types of IP protection will include trademarks, trade dress, copyrights, and patents. The most common items for you to protect include brand names, illustrations, characters, story content, unique designs, novel inventions, and even package designs.

Sign up for Brand Registries
Signing up will make IP easier to enforce with online platforms like Amazon, Walmart, and others.

Register your IP with Customs
Did you know that you can register your IP with customs agencies and they will help prevent dupes and counterfeits from entering (and sometimes from leaving) the country? For a small fee, you get the government to help enforce your IP.

Monitor the Market
Hire third parties to seek out potential infringement both online and in stores. Online, you can also incorporate the latest technologies. When I worked in the toy industry (on the business side), we would walk the retail stores and keep our eyes open for dupes or infringers.

Work with Industry Partners
Collaborating with your partners can help—they may see things you don’t.

Consumer Education
Empowering customers about dupes and how to tell them apart from the real thing can help build brand loyalty.

Remember that not every dupe will be infringement. Businesses should think about costs, risks, and public perception before taking action. But, ultimately, it all starts with protection.

Protecting and enforcing your IP is not a “one and done” effort and, while it may seem like playing a game of “Whac-A-Mole®” (currently still a registered TM by Mattel, by the way), you can’t give up because not protecting and enforcing your IP means you may lose it. Remember, you can always evolve your strategies along the way.

Stay safe, stay legal, and be prepared as if you were the next Labubu!

*Disclaimer: This article is for informational purposes and not intended as legal advice. Don’t rely on anything without doing your due diligence first.