Lululemon's Trademark Strategy: Turning ‘Dupe Culture' Into Brand Control

11.25.25

The athletic-apparel brand Lululemon recently secured a U.S. federal trademark registration for the phrase (mark) LULULEMON DUPE. The registration covers “retail, advertising and marketing services” rather than clothing items themselves. By registering LULULEMON DUPE, Lululemon gains the right to control third-party commercial use of that exact phrase in connection with promotional or retail services.

“Dupe Culture” — and Why Lululemon Cares

It’s common for consumers, influencers and bargain-hunters to use the phrase “Lululemon dupe” (or hashtags such as #LululemonDupes) to advertise or share less expensive alternatives to Lululemon leggings, tops and accessories.

On one hand, this can drive interest in the Lululemon brand by boosting visibility and familiarizing the public with its name. On the other, the brand may view widespread promotions of “dupes” as threatening its position in the market or reducing its ability to manage how its name and reputation are used in commerce.

Is Every Use of “Lululemon Dupe” a Trademark Violation?

Under U.S. trademark law, a mark must be used in commerce in a way that identifies and distinguishes the source of goods or services. If someone simply says, “Here’s a great Lululemon dupe” to refer to a product that looks like a Lululemon item (but is not from Lululemon), that may be a non-trademark use of the term.

In other words, the “dupe” is not advertised as a genuine Lululemon product; it is used to describe a product that is a cheaper alternative in a way that specifically advises the consumer that the source is not Lululemon.

Why the Distinction Matters

“Dupe culture” flourishes on e-commerce marketplaces like Amazon and across social media. An influencer titling a video, “My favorite Lululemon leggings dupes from Amazon” would arguably differ in use from a retailer who were to coin their competing leggings “The Lululemon Dupe.” This distinction may be the difference between fair use of the term as descriptive and potential trademark infringement indicating the source of the goods.

What This Means for Enforcement

Lululemon’s registration appears to be a clever attempt to gain ownership over “Lululemon dupe” in a way that will allow the company to assert trademark infringement over anyone referring to a product as a “Lululemon dupe” because both uses could be considered source indicative. Still, the registration won’t give Lululemon absolute control over the concept of “dupes,” as enforcement will continue to require showing that the use is likely to cause consumer confusion.

To reduce risk, retailers and influencers should consult trademark counsel before marketing items as a dupe of a competing brand.

Take a Proactive Approach to Your IP Protections

If your business designs, develops or markets consumer products, now’s the time to make sure your intellectual property is fully protected. The Aronberg Goldgehn Intellectual Property team can help you assess potential risks, identify gaps and strengthen your portfolio. Learn more.