A quick Google search for “Lululemon dupe” brings up a plethora of sites promoting activewear that mimics the popular brand’s products. This trend has not gone unnoticed by Lululemon, who have taken a bold step by filing a trade mark for “LULULEMON DUPE” in the US and Benelux.
In the US, the mark application is registered on an "intent-to-use" filing basis, i.e. meaning it is not already being used and there is an intention to use it in the near future. As it stands, it is not clear what Lululemon are intending to do with the mark. Interestingly, the trade mark is filed under Class 35, which covers advertising and business services, rather than Class 25, which is associated with clothing and accessories. This strategic move suggests that Lululemon is focusing on controlling the narrative around dupes and leveraging the term for marketing purposes.
It appears Lululemon will be using the mark not for its own branding purposes, but rather as a way to intercept the use and selling of dupes, which raises an interesting point as to whether they are manipulating trademark ownership and if they had registered a UK mark, whether it would be considered an application made in bad faith.
This is not the first time Lululemon has attempted to address the rise in dupes through unconventional methods. In 2023, the company hosted a two-day “dupe swap” event in Los Angeles, inviting customers to trade in their knockoffs for genuine Lululemon products. The event attracted approximately 1,000 attendees and successfully demonstrated to their customers the superior quality of their clothing - Dupe culture: what to do(op)?, Jessica Gregson.
It will be interesting to see how Lululemon utilises the mark(s), and whether this bold strategy will set a new precedent in brand protection and the battle against dupes.