Are “dupes” legal in the cosmetics and perfume industry?

Are “dupes” legal in the cosmetics and perfume industry? “Dupes” are imitations or products inspired by other more well-known brands, but at a lower price. Victoria Alonso, a commercial lawyer, discusses the legal aspects surrounding these products in her article for Revista VPC. 

Our expert explains the difference between “dupes” and counterfeits: “Counterfeits are items that incorporate a distinctive sign that is identical or confusingly similar to a registered industrial property right without the consent of the owner of that right, generally with the intention of illegally copying another brand's products.” She adds: “Dupes are not intended to confuse consumers by copying the distinctive features of their competitors and, as a general rule, are marketed under their own brand name. Therefore, we see that, unlike counterfeits, not all dupes are illegal per se.”

So when is a “dupe” considered illegal? Alonso explains in his article that the Unfair Competition Law “classifies certain behaviors as unfair that may apply to dupes depending on how they are marketed, advertised, or sold.” For example: “The marketing of perfumes using equivalence lists comparing them to other perfumes is unfair behavior.”