The Dupe Economy: Fashion’s IP Battle in 2025

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The Dupe Economy: Fashion’s IP Battle in 2025

Picture this. You’re a designer. You’ve spent months perfecting a new product—say, a chic skort that’s equal parts style and function. It launches. Customers rave. Sales climb. Then, bam—fast-fashion sellers flood the market with knockoffs. They’re dirt cheap. Your profits plummet. Worse? The law’s not on your side. Frustrating, right? That’s the “Dupe” Economy in action.

As of right now—Tuesday, July 29, 2025, 09:03 AM PST—this issue’s making waves. The Verge recently spotlighted influencer Cassey Ho and her Pirouette Skort. Fast-fashion brands copied it in a flash. No trademark or copyright violations, either. Why? Many parts of fashion—like cuts or shapes—aren’t legally protected. Brand owners are fighting back with tactics like “Schedule A” lawsuits and social media callouts. But it’s an uphill battle.

This blog post breaks it all down. We’ll explore what the “Dupe” Economy is, why it’s a headache for brands, the legal gaps letting it thrive, and how to fight back. Plus, we’ll show how Carbon Law Group can step in. Want to protect your designs? Keep reading.

What’s the “Dupe” Economy Anyway?

Let’s start simple. The “Dupe” Economy is all about copying. Fast-fashion sellers—or even random Amazon vendors—spot a hot design. Maybe it’s from an influencer or a big brand. They churn out near-identical versions. These “dupes” hit the market fast and cheap.

Think of it like this. You see a $200 designer jacket. Then, a $20 lookalike pops up online. Same vibe, fraction of the cost. Shoppers pounce. Who wouldn’t?

Social media’s the fuel. TikTok and Instagram amplify dupes. Influencers flaunt “budget finds.” It’s normalized now—no guilt, just deals. But for brands? It’s a slow bleed.

Here’s the kicker. It’s often legal. Trademarks cover names and logos—not the design itself. Copyrights? They skip clothing shapes. Patents? Too rare. Dupers dodge the rules and cash in.

Key Point: The “Dupe” Economy thrives where laws lag. Brands need a game plan.

Why It’s a Big Deal for Brand Owners

So, why should you care? Let’s count the ways.

First off, sales take a hit. Hard. Dupes steal your customers with lower prices. That revenue you worked for? Gone. It’s like someone siphoning gas from your tank.

Next, your brand suffers. Your design was unique—now it’s everywhere. Exclusivity fades. If you’re luxury, you’re less luxe. If you’re indie, you’re less special. That stings.

Quality’s a mess too. Dupes cut corners. Shoddy stitching, cheap fabrics—you name it. Customers get mad. But here’s the twist: they might blame you. Your reputation’s on the line.

There’s an ethical angle, too. Fast-fashion often means sweatshops. Low wages, bad conditions—ugly stuff. Dupes keep that cycle spinning. Your customers might not know, but it’s there.

And creativity? It stalls. Why innovate if copycats swoop in? Designers hesitate. The industry gets stale. Everyone loses.

Key Point: Dupes hurt your wallet, your brand, and the big picture. It’s a domino effect.

The Legal Gray Areas: Why Protection’s Weak

Now, let’s get legal. Why can’t you just sue and stop this?

Fashion’s IP laws are shaky. Full of gaps. Here’s the rundown.

  • Copyrights: They protect art—think paintings or songs. Clothing’s shape or cut? Not “artistic” enough. Prints might qualify, but that’s it.

  • Trademarks: These shield your logo or name. Not the product design. Dupers slap on a different label and skate free.

  • Patents: Design patents exist. They cover unique looks. But they’re expensive, slow, and rare in fashion.

There’s a wildcard: trade dress. It protects a product’s “look” if it’s super distinctive—like Louboutin’s red soles. But it’s a high bar. Most designs don’t cut it.

Globally, it’s a mixed bag. The EU offers short-term design rights. The U.S.? Tough luck. You’re stuck navigating a patchwork system.

Key Point: IP laws weren’t built for fashion. That’s why dupes slip through.

Fighting Back: Strategies for Brand Owners

Okay, so the law’s weak. What can you do? Plenty. Here are your options.

“Schedule A” Mass Litigation

Ever heard of “Schedule A”? It’s a power move. You sue tons of copiers in one go. Think dozens—or hundreds—of defendants in a single case. It’s efficient. You might win damages or shut them down.

But there’s a catch. It’s pricey. Legal fees stack up. And time? It drags. Plus, new copiers sprout like weeds. Still, it’s a solid flex.

Public Shaming

Another tactic: call them out. Social media’s your megaphone. Post about the dupes. Tag the culprits. Rally your fans. It’s quick, cheap, and loud.

Cassey Ho did this. Worked for her—kinda. Support surged. But it’s risky. Say too much, and you’re in defamation territory. Balance is key.

Proactive IP Steps

Get ahead of it. Register trademarks for your brand. Copyright what you can—like patterns. Design patents? Pricey, but they lock in unique looks. It’s not bulletproof, but it’s armor.

Stay Nimble

Here’s a freebie: innovate fast. Drop new designs often. Copiers lag. Your loyal fans stick with you. Speed’s your edge.

Mix and match these. Litigation for big threats. Shaming for quick wins. Protection for the long haul. You’ve got this.

Key Point: You’re not helpless. Pick your weapons and strike.

Real Talk: Cassey Ho’s Pirouette Skort

Let’s zoom in on Cassey Ho. Her story’s a textbook case.

Ho’s a fitness influencer. She launched the Pirouette Skort—cute, practical, a total hit. Fans loved it. Then, fast-fashion vultures swooped. Dupes hit the market. Cheaper, sure, but everywhere.

She checked her legal options. Nada. The skort’s shape? Not copyrightable. No trademark on the design. Patents? Too late. She was stuck.

So, she went public. Instagram posts. Callouts. “Support the original,” she pleaded. It sparked buzz. Fans rallied. Sales ticked up. But the dupes? Still there.

It’s not just Ho. Brands like Mère Soeur got hit too. Old Navy cloned their tee. Same deal—limited recourse. Social media was their lifeline.

Key Point: Real brands face this daily. Action’s what counts.

How Carbon Law Group Steps In

Here’s where we shine. Carbon Law Group gets it. Fashion’s tricky. IP’s trickier. We’ve got your back.

Our team’s seasoned. We’ve run “Schedule A” cases—nailing multiple copiers at once. We’ve coached brands on social shaming—keeping it legal, effective. We file trademarks, copyrights, even patents.

Every brand’s unique. We tailor plans. Need a lawsuit? Done. Want PR advice? Covered. Proactive protection? Always.

Why go solo? The “Dupe” Economy’s a beast. One wrong move costs big. We’re your shield—and your sword.

Key Point: Carbon Law Group turns chaos into control. Let’s talk.

businessman in a white dress shirt and red tie writes on a document at a glass desk, with a laptop showing a copyright symbol and a tablet nearby, and a cityscape visible through large windows at sunset.
A businessman from Carbon Law Group works on IP documents at a glass desk, with a stunning city sunset in the background.

Your Move: Protect What’s Yours

Let’s wrap this up. The “Dupe” Economy’s here to stay. But you don’t have to lose.

We’ve covered it all. What dupes are. Why they hurt. Legal holes. Fight-back moves. Cassey Ho’s tale. Our help. Big stuff, huh?

Now, act. Secure your IP. Plan your defense. Don’t wait for the next knockoff.

Need a partner? Carbon Law Group’s ready. We’ve guided brands through this mess. We’ll guide you too.

Connect with Ushttps://carbonlg.com/about-us/#info

Take charge, reach out to Carbon Law Group now!

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The Dupe Economy: Fashion’s IP Battle in 2025