Lululemon seeks trademark protection for dupe-related terms

Lululemon has taken steps to secure trademark rights related to the concept of “dupes,” products that imitate the aesthetic or functionality of branded items. Following the registration of “DUPE SWAP” on the Supplemental Register, the company filed an application for “LULULEMON DUPE” on December 4, 2024. This latter application was aimed at a broad range of retail, advertising, marketing, and promotional services.

The move follows a 2023 “Dupe Swap” event in Los Angeles where consumers traded lookalike leggings for authentic Align products. While the “DUPE SWAP” mark was deemed descriptive of an event, the “LULULEMON DUPE” application has moved toward the Principal Register. This strategy raises questions regarding whether brands can claim exclusive rights to the specific language consumers use to identify lookalike products.