These “dupes”, cosmetics that imitate major brand references, are proliferating on social networks, seducing more and more consumers and advertising themselves as the perfect low-cost alternative. However, these products raise questions of intellectual property and safety, and are detrimental to the beauty industry. CosmeticOBS spoke to Kelly Journet, legal expert at FEBEA, to find out more about the challenges posed by this fast-growing phenomenon.
CosmeticOBS : What is a dupe? Is it different from counterfeiting?
Kelly Journet: While there’s no official definition, the term “dupe” refers to the practice of marketing a product explicitly presented as a copy of a branded product (renowned and/or luxury), often at a lower price, using the reproduction of the copied brand, so as to make the link between the dupe and the genuine product. The term “dupe” is an abbreviation of “duplicate”, which in turn is defined as “to make an exact copy of something” (Cambridge Dictionary).
A dupe is therefore a counterfeit. Counterfeiting refers to any unauthorized reproduction of an intellectual property right for commercial purposes. The prohibition extends, of course, to the use of a trademark to market another product, accompanied by references such as “equivalent, inspired, familiar […]” or simply “dupe”. This is an act of counterfeiting.
For cosmetics, this is mainly done by taking over the brand name, but sometimes also by other elements such as packaging and bottles.
CosmeticOBS: How are dupes a threat to brands and consumers from a legal point of view?
KJ: The dupes raise a number of issues for cosmetics brands and consumers alike, …
