Lululemon’s lawsuit against Costco highlights the rise of fashion ‘dupes’

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NEW YORK (AP) — Fashion “dupes,” or less expensive versions of high-end clothing and other accessories, are just about everywhere these days. They’re also drawing some businesses into legal battles.

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In the latest example, Lululemon slapped a lawsuit against Costco on Friday, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel.

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Across the retail industry, it’s far from a new phenomenon. But social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Want a taste of Hermes’ $1,000 fuzzy slippers? Target has a version for $15. Looking for a $2,800 price Bottega Veneta hobo bag? There’s a version for $99 on online clothing and accessories upstart Quince, which has become a go-to for fashionistas.

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It’s not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday’s complaint, Lululemon noted that a handful companies have “replicated or copied” its apparel to sell cheaper offerings — including those popularized online through hashtags like “LululemonDupes” on TikTok and other social media platforms.

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Dupes aren’t new

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For years, marketers have rolled out less expensive fashion and beauty alternatives for consumers to buy instead of pricey designer brands. Unlike more traditional counterfeits, which are illegal copies of the product that feature an unauthorized trademark or logo of a patented brand, “pure” dupes that resemble certain features of more expensive products are generally legitimate. They can even spark awareness of the original items.

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But the rising frenzy for dupes signals that many shoppers want a taste of luxury, but no longer want to pay for (or care about) getting the real thing.

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Late last year, for example, discount chain Walmart created a buzz when it started selling a leather bag online that resembled Hermes’ coveted Birkin bag. The $78 item — sold by Kamugo, which doesn’t appear to have its own website — was a fraction of the price of the original, which goes from $9,000 to hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag a “wirkin.” Other suppliers including BESTSPR, YMTQ and Judy were listed on Walmart’s site selling similar totes.

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When dupes venture into uncertain legal territory

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Experts say some dupes move into shaky legal territory, including copyright and trademark infringement, particularly when a dupe marketer makes false claims about the duplicate or the original.

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Look-alikes can also frustrate the targeted companies.

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Following the viral fame of the “wirkin,” for example, Hermes Executive Chairman Axel Dumas said he was “irritated” and “annoyed” by the cheaper look-alikes.

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“Making a copy like this is quite detestable,” Dumas said in a corporate earnings call in February. Still, he acknowledged that it was “quite touching” to see so many consumers want a bag with the Birkin style — and that “difference in quality” was still evident, noting that nobody bought the dupe thinking it was from Hermes.