Lululemon Trademarks the Phrase “Lululemon Dupe”
It’s been less than a week since Lululemon was granted a trademark by the US Trademark and Patent Office for the phrase “Lululemon dupe”. For a company that zealously defends its IP, the move makes perfect sense from a strategic perspective.
The activewear brand is currently fighting Costco in court for allegedly breaching its IP, and in 2023, the launched the Dupe Swap initiative where customers could trade their dupes for Lululemon’s Align leggings. The campaign was aptly named Dupe Swap, and was a perfect example of the old adage “if you can’t beat them, join them.” The event was held in Los Angeles in May, and was part of a brand activation involving Naomi Yeo, who had become Lululemon’s newest ambassador for their Get Into It campaign.
According to The Fashion Law, by trademarking “Lululemon Dupe”, the brand can reclaim, reframe, and capitalise on dupe culture, a trend that has at best normalized copycat products, and at worst enabled counterfeits. Furthermore, “for Lululemon, which built its reputation on innovation, exclusivity, and premium pricing, the industrial onslaught of dupes – from those offered up on Amazon to an array of wares at Costco – has caused “substantial, irreparable injury,” as the company told the court in its ongoing case against Costco.”
Whilst it is difficult to elucidate what the goal of trademarking “Lululemon Dupe” is, The Fashion Law posts three possible reasons behind the legal move:
Preemptive Move: By preventing others from using the term, Lululemon is essentially clamping down on copycat products, brands, and creators profiting off Lululemon’s brand recognition that are “otherwise hard to challenge legally due to the absence of infringing elements like logos” or other protectable IP.
Marketing Flex: Trademarking “Lululemon Dupe” is seeing as a tongue-in-cheek move that shows that the activewear brand is in on the joke, as opposed to being the butt of one. Not only does it show corporate self-awareness but also hints at a cheeky sense of humor that easily integrates into their storytelling.
Strategic Branding: Trademarking the phrase directly turns a brand liability into an asset. They have done it before by hosting their “Dupe Swap”, a term which was also trademarked at the time, and are likely to use the most recent trademark to get customers to switch brands.
