Dupe or Deception? Rethinking Intellectual Property and Consumer Protection in the Fashion Industry

The rise of the “dupe economy” has transformed the relationship between fashion, consumers and intellectual property. Social media platforms and digital marketplaces have accelerated the circulation of products that closely resemble high-end fashion designs while being marketed as affordable alternatives. Although such products are frequently distinguished from counterfeits by the absence of unauthorised trademarks, their visual similarity raises complex questions concerning the boundaries between legitimate inspiration, imitation and intellectual property infringement. The growing popularity of fashion dupes therefore challenges traditional assumptions about originality, brand identity and consumer choice. This paper examines the adequacy of the existing intellectual property and consumer protection framework in addressing the legal challenges posed by fashion dupes, with particular reference to Indian law. It analyses the applicability of copyright, design protection, trademarks, trade dress and the law of passing off in determining when imitation becomes legally actionable. The paper further examines the consumer-protection dimension, particularly the possibility of consumer confusion, misleading representations, deceptive marketing and the role of influencers and digital marketplaces in promoting lookalike products. The paper argues that the legal treatment of fashion dupes cannot be reduced to a binary distinction between “original” and “copy.” Excessive protection of fashion designs may restrict legitimate competition and affordable consumer access, while inadequate protection may undermine creativity, brand identity and consumer trust. It therefore proposes a calibrated approach that distinguishes genuine counterfeiting and deceptive imitation from permissible inspiration and competitive design. The paper concludes by exploring whether Indian law requires a more coherent framework capable of balancing intellectual property protection, consumer autonomy, innovation and healthy competition within the rapidly evolving fashion economy.