Earlier this year, a viral social media trend emerged around the “Walmart Birkin,” an US$80 handbag nicknamed the “Wirkin” that closely imitates the iconic Hermès Birkin, a luxury item that can cost well over US$10,000. This phenomenon, known as “the dupe phenomenon,” apparently satisfies a craving for luxury goods without the prohibitive price tag of the handcrafted original, which takes an average of 40 hours to produce.

At a recent conversation at the International Association for the Protection of Intellectual Property (AIPPI) held at PACIFICO Yokohama, panellists highlighted how this trend highlights a digital culture of “fauxthenticity,” where the lines between homage and imitation are increasingly blurred. Promoted by influencers and embraced with clever online commentary, the dupe has shed much of its former stigma.

Some owners of authentic luxury bags have even championed the knockoff as a form of counterculture against elite brands, suggesting that in an age of memes and online trends, the distinction between a luxury original and its popular lookalike is becoming less important.

Dupes versus counterfeits: A critical distinction

It’s crucial to understand the difference between a dupe and a counterfeit.

• Counterfeits are illegal imitations. They are direct, fraudulent copies that use a brand’s trademarked name and logo to deceive consumers into thinking they are buying the genuine article. This is a clear-cut case of intellectual property theft.
• Dupes (short for duplicates) operate in a legal grey area. They are “inspired by” luxury items, mimicking the design, shape or style without illegally using the brand’s name or logos. A beige tote bag with a similar structure to a Birkin is a dupe; a bag with a fake “Hermès” logo is a counterfeit.

The problem for luxury brands is that consumers are increasingly seeking out dupes. They desire the prestige and aesthetic of a designer item but are unwilling or unable to meet the steep price point. This demand has fueled a massive market for look-alike products.

So, what can brands do? The legal status of dupes is complex and varies dramatically by jurisdiction, making enforcement a significant challenge. The primary legal tool is intellectual property law, specifically “trade dress,” which protects the unique, non-functional visual appearance of a product that signifies its source to consumers. However, proving trade dress infringement can be difficult and costly.

This leaves brands walking a strategic tightrope:

• Inaction: Ignoring the dupe market risks brand dilution. If consumers can get a nearly identical look for a fraction of the price, the perceived value and exclusivity of the original can plummet.
• Over-enforcement: Aggressively suing smaller brands or creators who promote dupes can lead to a public relations nightmare. A luxury giant can quickly be painted as a corporate bully, alienating the very consumers they want to attract.

The most effective strategy requires a balanced approach. Brands must secure robust IP protections for their unique designs, actively monitor the online marketplace for both counterfeits and egregious dupes, and craft a communication strategy that emphasizes the quality, craftsmanship, and heritage that a dupe can never replicate.

An enduring phenomenon

The dupe culture isn’t going away. It’s a permanent feature of the modern retail landscape, driven by consumer economics and social media trends. For luxury brands, the challenge is no longer about eliminating imitation but about managing it. This will require continuous adaptation, sophisticated legal strategies, and greater international cooperation on IP enforcement to protect brand value and consumer trust in an ever-evolving market.

- Excel V. Dyquiangco, reporting from Yokohama