Authentic Fakes? Dupes between Law & Heritage

Dupes - fake or replica products that may or may not be legal to produce and sell- seem to be everywhere. Between the "Wirkin", Dupes.com, and beauty dupes, it seems that many consumers are eager to prioritize value by buying "fakes" over brand loyalty and, perhaps, brands' heritage. But, is there a hidden authenticity to buying a fake, a replica, a dupe, of a Birkin bag or similar fashion or luxury product? What is the difference between a knockoff, a dupe, a fake, and other more specific legal terms like a counterfeit? And what role, and potential legal liability, can influencers have in consumers' desires for fakes when they advertise dupes? To explore the current state of dupes in the fashion industry, we first speak with Julie Zerbo, the Founder and Editor-in-Chief of The Fashion Law. While we might think of trademark law as the most applicable legal regime to dupes, false advertising law is increasingly crucial too, especially as we buy our dupes online. To explore “dangerous dupes” and the legal nuances of influencers' communications, we also speak to Alexandra Roberts, a Professor of Law and Media at Northeastern University School of Law.