Mark Brutzkus recently spoke to Glossy about the impact of duplicate products, or “dupes,” on brands, analyzing whether or not pursuing legal action against companies attempting to imitate their products is worthwhile.
Mark tells Glossy that companies are justified in their worries about dupes, as they “allow companies to generate massive profits amongst consumers unwilling to pay full price, essentially cannibalizing sales and market share from the original designer or manufacturer.”
“Not to mention, for higher-end brands, dupes undercut the perceived brand value,” he continues. “These lawsuits can help protect essential IP elements associated with the brand, curbing competition.”
However, Mark adds that despite the negative impact dupes can have on established or high-profile brands, pursuing litigation is not always worthwhile as these lawsuits may have uncertain outcomes and cause brands to lose money and time, often spending years in court outspending the amount the brand would receive.
“In many cases, legal action is not worth it as legal fees will cost more than the damage, especially if there is no strong copyright protection in place,” he concludes. “The reality is that, unfortunately, most dupes are legal and hard to block.”
