Prime Day's results, Beauty's wrestling opportunity — and a lawyer's take on beauty’s dupe lawsuits

Beauty dupes have never been more popular. But is mimicking a competitor a sound business decision?  

“This might surprise people, [but] dupes may not be illegal on their own," brand protection attorney Elizabeth Milian told Glossy. The word “dupe” is shorthand for “duplicate” and often denotes a product that is inspired by a higher-priced luxury offering. A dupe is different from a counterfeit product that presents itself as the original. 

It's very common for duped brands to regularly bring lawsuits against the companies allegedly infringing on their trade dress, or IP, such as packaging, branding, logos or any other unique asset. While the majority of these lawsuits pop up then quickly disappear, Milian told Glossy they’re a vital action for long-term brand IP protection. 

Most cases quickly settle out of court and so there is little legal precedent, yet most are based upon the same thing: Is consumer confusion happening? To better understand this growing issue, and how it impacts beauty business on both sides, Milian breaks down four recent cases.

Beauty dupes have never been more popular. But is mimicking a competitor a sound business decision?  

“This might surprise people, [but] dupes may not be illegal on their own," brand protection attorney Elizabeth Milian told Glossy. The word “dupe” is shorthand for “duplicate” and often denotes a product that is inspired by a higher-priced luxury offering. A dupe is different from a counterfeit product that presents itself as the original. 

It's very common for duped brands to regularly bring lawsuits against the companies allegedly infringing on their trade dress, or IP, such as packaging, branding, logos or any other unique asset. While the majority of these lawsuits pop up then quickly disappear, Milian told Glossy they’re a vital action for long-term brand IP protection. 

Most cases quickly settle out of court and so there is little legal precedent, yet most are based upon the same thing: Is consumer confusion happening? To better understand this growing issue, and how it impacts beauty business on both sides, Milian breaks down four recent cases.