TL;DR:

  • Not all fashion “dupes” are illegal, but once imitation crosses into deception or infringes protected design rights, UK intellectual property law steps in.

What is the fine line between Fashion ‘dupes’ and Intellectual Property Infringement under UK Law in an Era where Social Media has accelerated the Rise and Visibility of ‘Dupe Culture’?

The question of where the boundary lies between fashion ‘dupes’ and intellectual property infringement under UK law has become increasingly significant in the age of social media and fast fashion. According to the Cambridge Dictionary, the term ‘dupe’ is defined as a ‘short form of duplicate and is used to refer to a product made to look like a more expensive or high-quality product.’ 

In the fashion industry, this typically describes garments or accessories that imitate the aesthetic of luxury runway pieces while being sold at a much lower price point. Social media platforms have accelerated the visibility and popularity of these products, with influencers frequently promoting items as ‘designer dupes’ to highlight their resemblance to high-end originals without directly copying brand identifiers.

Difference Between a Dupe and a Counterfeit

It is important to distinguish between a dupe and a counterfeit. Although the terms are sometimes used interchangeably in everyday conversation, they carry distinct legal meanings. A counterfeit is an unauthorised product that deliberately reproduces a protected trade mark or branded feature in order to pass itself off as the genuine article. The intention is to deceive consumers into believing that they are purchasing an authentic product. Under the Trade Marks Act 1994, such conduct almost always amounts to trade mark infringement and may also constitute criminal liability. 

By contrast, a dupe does not claim to be the original item. Instead, it replicates a product's overall look, style, or aesthetic while avoiding the direct use of protected logos, names, or symbols. Consumers are generally aware that they are buying an alternative rather than an authentic luxury piece. Counterfeits, therefore, centre on deception and brand impersonation, whereas dupes operate in a more ambiguous space defined by visual similarity without overt misrepresentation.

Test and Design Validity in UK Law

In the United Kingdom, fashion designs are primarily protected under the Copyright, Designs and Patents Act 1988 and the Registered Designs Act 1949. Designers may rely on registered design protection, UK unregistered design right, supplementary unregistered design introduced after Brexit, copyright for artistic works, trade mark law, and the common law action of passing off. 

A significant authority in this area is Karen Millen Fashions Ltd v Dunnes Stores, in which the court confirmed that unregistered design protection applies where a design has individual character and produces a distinct overall impression on the informed user. Designers must therefore demonstrate originality and sufficient differentiation from prior designs.

Under the Registered Designs Act 1949, a design must be new and possess individual character. It must not be dictated solely by technical function or conflict with public policy or morality. Infringement is assessed by determining whether the alleged copy creates a different overall impression on the informed user. This test contributes to legal uncertainty, as relatively minor variations in proportion or detailing may be enough to avoid infringement, even where the resemblance is commercially obvious.

Future Outlook

Ultimately, UK law protects distinctive and properly registered design expressions rather than general trends or styles. As a result, many fashion dupes occupy a legally grey area. Similarity alone is not sufficient to establish liability, and the fine line between lawful inspiration and unlawful infringement remains highly dependent on the specific facts of each case.