Dupe Culture Meets the Courtroom

In their Global Cosmetic Industry article, “Dupe Culture Meets the Courtroom,” Caitlin Byczko and Sarah Harrell note, “Trademark law does not punish the intent to copy. It punishes the intent to deceive consumers.”

They examine how “dupe culture” is shaping trademark disputes in the beauty industry through the lens of Benefit Cosmetics v. e.l.f. Cosmetics, unpacking how courts assess likelihood of confusion in these cases and underscoring that factors such as consumer sophistication, retail context and intent to deceive — not mere copying — often drive outcomes and shape brand strategy.