Imagine you have long dreamed of a stylish designer toy that has taken over Instagram and TikTok. But instead of the original, you find one that is almost the same—at half the price. The same smile, similar colors, an almost identical shape. Even the name sounds familiar. You understand perfectly well that it is not the original, but the difference seems negligible.

This is exactly how one of the biggest threats to modern brands works today. And it is called not counterfeit, but dupes—high-quality imitations that do not pretend to be the original, but come as close to it as possible.

It is because of such products that the British brand Jellycat recently went to court against several well-known British retailers, accusing them of selling overly similar plush toys.

A new era of copying Once upon a time, everything was much simpler. If someone illegally applied someone else’s logo to a product, it was a classic counterfeit. The trademark owner would go to court or customs, the product would be removed from sale—and the problem, at least formally, was solved.

Today, the situation looks completely different. Companies increasingly do not copy a brand literally. They copy its vibe. The same style. The same proportions. Similar colors. A similar expression on the toy’s “face.” Even the packaging can evoke the same emotions.

Formally, the law is not always broken. But the buyer instantly recognizes exactly what inspired the designers.

Social media has made copying lightning-fast Even ten years ago, a new popular product could take months to gain traction. Now, a single viral video on TikTok is enough. After that, millions of people start searching for the product online, and manufacturers of cheaper alternatives launch their own versions in literally a few weeks. And while the rights holder is only preparing claims, marketplaces are already being flooded with dozens of similar products. By the time the case goes to court, the main profit from sales may already be lost. That is why the modern fight for a brand looks less and less like classic lawsuits and more and more like constant internet monitoring.

Why can “dupes” be more dangerous than counterfeits? Paradoxically, many experts believe that it is dupes that pose the greater threat.

Counterfeits are usually bought consciously. In contrast, imitations gradually erode the brand’s uniqueness. If dozens of very similar products appear next to the original, the consumer stops perceiving the design as something special.

Yet, this very recognizability is often the most valuable asset of modern brands. This is especially true for products that sell an emotion rather than a function.

A single trademark is no longer enough Previously, it was enough for companies to register a name or a logo. Now, this is increasingly insufficient.

Lawyers simultaneously use several protection tools at once:

• industrial designs to protect the shape of the product;

• copyright for artistic elements of the design;

• trademarks for names and symbols;

• protection of the product’s appearance and its trade dress;

• unfair competition regulations if competitors copy a successful product too overtly.

Such a comprehensive approach significantly increases the chances of defending a brand even when there is no direct copying.

The court is no longer the main weapon It would seem that if a violation occurs, you just need to file a lawsuit. In reality, this is only one of many tools. The main battlefield moved long ago to Amazon, eBay, AliExpress, and other marketplaces. Large companies increasingly use artificial intelligence, which automatically finds similar products by photos, analyzes keywords, and detects sellers who systematically copy other companies’ brands. At the same time, no one tries to remove absolutely all violations anymore. Instead, companies identify the most dangerous listings—those that sell best, occupy top positions in search, or actively exploit the popularity of a well-known brand.

A brand must be protected even before the product is released Modern companies increasingly think about future legal disputes as early as the creation stage of a new product. They register names, designs, individual decorative elements, and even packaging features in advance. In parallel, mechanisms for the rapid removal of violations from marketplaces are being prepared. This is especially important before the Christmas holidays or the launch of a potential hit, when demand surges sharply and copies appear in literally a matter of days.

Sometimes the best defense is not a court, but marketing Some companies choose completely unexpected ways to fight back. For example, the sportswear manufacturer Lululemon organized a campaign where customers were offered to exchange cheap copies of products for genuine brand items. In this way, the company not only drew attention to the problem of imitations but also demonstrated the difference in quality between the original and the “dupe.” Sometimes such a campaign can bring a brand more benefit than a years-long lawsuit.

The main lesson Today, a brand is no longer just a name or a logo. It is a recognizable style, emotions, design, history, and reputation.

That is why modern intellectual property protection increasingly resembles the work of an analytical center: you need to monitor the market, use digital technologies, properly secure design rights, and quickly respond to the appearance of new imitations at the same time.

After all, in the era of social media, a brand’s main competitor is no longer the one who fakes its logo, but the one who knows how to copy its character almost imperceptibly.

Founder of Research & Patent group Intectica, author of patent algorithms for solving problems in the pharmaceutical industry, patent attorney certified in all intellectual property objects (Patents, Design, TM), with education in chemistry and law, chief expert of the patent institution of Ukraine UKRPATENT (1997-2004). Member of international organizations, including ECTA, PTMG, UAM, lecturer and blogger.