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I am Rolf Claessen and my co-host Ken Suzan and I are welcoming you to episode 178 of our podcast IP Fridays! Today’s interview guest is Caitlin Byczko, who is partner with Marnes & Thornburg in their IP team. Ken is discussing dupe culture with her.
Here is the profile of Caitlin Byczko https://btlaw.com/en/people/caitlin-byczko
But before we launch into this very interesting interview, I have some news for you:
On August 10th, 2026, Navitas Semiconductor filed suit against Renesas Electronics in the Eastern District of Texas, accusing Renesas of infringing four US patents on gallium nitride semiconductor technology through its SuperGaN product lines. The filing follows a countersuit Renesas brought on July 22nd, 2026, accusing Navitas and two of its employees of misappropriating trade secrets. It shows how patent disputes and trade secret claims between competitors are increasingly being fought on multiple fronts at once, and often as tit for tat.
It also emerged on August 12th, 2026, that an EPO Board of Appeal had dismissed an appeal by Atlas Global Technologies and ruled that its WiFi patent, EP 3 353 901, case T 1230/25, could not be maintained in any form at all, even though the original opponents, TP-Link and Vantiva, had already withdrawn their oppositions. That knocked out the basis for several parallel infringement suits at the Unified Patent Court, which were then withdrawn. For suppliers and implementers, the takeaway is that fighting a patent held by a non-practising entity can still be worth it, even once the original opponent has thrown in the towel.
On August 10th, 2026, the Unified Patent Court in The Hague fully revoked Maxell’s patent EP 2 061 230, covering technology for handing off content to a second device, and at the same time dismissed Maxell’s infringement claim against several Samsung entities, in cases UPC_CFI_251/2025 and UPC_CFI_769/2025. The judges found the patent to be nothing more than an obvious combination of routine adaptations, with no additional technical effect.
And now – let’s hear the interview with Ken and Caitlin!
A dupe used to be a quiet, slow thing. You’d stand in the cereal aisle, notice the generic box next to the name brand, buy it, tell a friend. Word spread over months.
That world is gone. On this episode of IP Fridays, Ken Suzan sat down with Caitlin Byczko, partner at Barnes & Thornburg LLP in Indianapolis, to talk about what’s replaced it: a TikTok-driven economy where a single video can sell out a dupe product within hours, sometimes before the original brand’s own team even knows it exists. Byczko litigates and prosecutes trademarks across retail, fashion, luxury goods, technology, and pharmaceuticals, and she’s watched dupe culture evolve from a marketing footnote into one of the more active battlegrounds in trademark law.
Here’s what she told us, and why it matters even if your brand has never heard the word “dupe” used about it.
Counterfeit and Dupe Are Not the Same Thing, Legally
Byczko opened with what she called the most important distinction in this entire conversation: the difference between a counterfeit and a dupe.
A counterfeit uses someone else’s actual trademark. Think of a fake Chanel bag stamped with the interlocking C’s, or a fake Louis Vuitton logo. That’s straightforward infringement, and above certain thresholds, a federal crime.
A dupe is different. It mimics the look, feel, or performance of a product without using the name or the logo at all. Elf Cosmetics, Zara, Costco’s Kirkland brand, and Quince have all built parts of their business on exactly this model. No one is pretending to be Chanel. They’re offering something that looks and performs similarly, at a fraction of the price, under their own name.
Media and social media use “dupe” and “counterfeit” interchangeably. Legally, that’s sloppy, and it matters, because the two categories trigger completely different legal analyses.
If There’s No Logo, What Are Brands Actually Suing Over?
This is where trade dress comes in. Trade dress protects the overall look and feel of a product: packaging, color combinations, shape, label design. Byczko pointed out that most of us interact with trade-dress-protected products every day without realizing it.
The test is likelihood of confusion. Courts look at how similar the products actually look, how sophisticated the shoppers are, and whether there’s real evidence that people were confused.
Byczko flagged one case as a genuine roadmap for this area: Van Leeuwen v. Rebel Creamery, an ice cream trade dress dispute that came out of the Eastern District of New York. In her view, the strength of that case came down to how precisely the brand defined its trade dress for the packaging. That precision, she said, did a lot of the work toward the outcome.
She’s also watching Lululemon v. Costco, which she expects to be significant partly because it doesn’t rely on trademark and trade dress alone. Byczko noted that brands are increasingly stacking causes of action together: trademark, patent, false advertising, all pointing at the same product. And she’s tracking Sol de Janeiro v. Macau Beauty, a case she finds notable because it pulls in influencer content and testimonials as evidence, not just packaging and trade dress claims. Macau Beauty, she noted, has already been sued multiple times across different jurisdictions.
A note for readers outside the US: trade dress as a distinct doctrine doesn’t exist as such in Germany. The closest tools here are the three-dimensional trademark and, more practically, the wettbewerbsrechtlicher Nachahmungsschutz under Section 4 No. 3 of the German Act Against Unfair Competition (UWG). That provision protects product shape, packaging, and get-up against imitation when the original has wettbewerbliche Eigenart, competitive distinctiveness, and the copy creates avoidable confusion about origin, unfairly exploits the original’s reputation, or was built on dishonestly obtained know-how. It’s a narrower, more fact-specific tool than US trade dress, but the underlying logic Byczko describes, define your product’s distinctive features early and precisely, applies just as much on this side of the Atlantic.
Why the Evidence Problem Changed Everything
Ken asked what’s actually driving the current wave of disputes, and Byczko’s answer was simple: evidence.
Ten or twenty years ago, if you sent a cease-and-desist letter or went to trial, you had almost nothing concrete to show about how consumers actually perceived two products. Now you have TikTok comment sections, influencer testimonials, and entire genres of “dupe content” documenting exactly what shoppers think, in their own words, in real time.
In the Sol de Janeiro case, Byczko noted that part of the complaint isn’t just about packaging and trade dress. It’s about what influencers said, what claims they made, and what that content reveals about actual consumer confusion or the absence of it. That’s evidence litigators simply didn’t have access to a decade ago, and it cuts both ways: it can prove confusion, or it can just as easily prove there wasn’t any.
Why Dupes Took Off: Economics, Status, and a Generational Shift
Byczko was careful to frame this part as her personal read, not a sociologist’s conclusion, but it’s a read shaped by watching these disputes up close.
Part of it is straightforward economics. Gen Z is shopping under real affordability pressure, and dupes let them participate in trend cycles without the price tag. Byczko cited a projected $12.6 trillion in Gen Z spending power by 2030, a generation too significant for brands to write off.
The other part is cultural. A generation ago, owning a visible logo was the status symbol. Now, for a lot of younger shoppers, being the savvy one, the person who finds the dupe first and tells their followers about it, carries its own status. It’s less “I have the real thing” and more “I outsmarted the markup.” Byczko also pointed to growing public skepticism toward paying five or ten times more for a product purely because of the name on the packaging, particularly in beauty and fashion.
The PR Trap: When Enforcement Backfires
One of the sharpest points in the conversation was about what happens after a brand decides to enforce. Suing over a dupe can read very differently in public than it does in a courtroom.
Byczko put it directly: going after a dupe can easily look, to the public, like a big corporation coming down on a small competitor, or worse, on its own customers, the same people who made the original brand aspirational in the first place. She’s seen this dynamic play out repeatedly in high-profile cases.
Her advice: treat enforcement as a communication strategy, not just a legal one. Sometimes the smarter move isn’t a lawsuit at all. It’s a quieter cease-and-desist letter, a takedown request, or doubling down on marketing that explains what actually makes the original worth the price. Charlotte Tilbury has leaned hard into this approach, building campaigns around the idea that the original simply can’t be remade. Olaplex ran a similar play with its “OlaDupe” campaign. Legal and marketing, Byczko said, have to work together on this, not in sequence.
What Brands Should Actually Do
Byczko laid out three practical layers, all before litigation ever enters the picture.
First: register your trademarks, and where a product design is genuinely distinctive, pursue trade dress or design patent protection early, before a dupe exists and before you know whether the product will even take off. That timing problem is real. Brands rarely know in advance which product will become the one worth copying. Her advice was to look at long-standing anchor products, the ones that have quietly carried a brand identity for years, and ask whether they’re actually protected.
Second: monitor. A large share of dupe disputes start on social media, not in a courtroom. That means someone needs to be watching hashtags and influencer content, not just from direct competitors, but from adjacent or even unrelated brands that could end up duping a product without anyone noticing until it’s already trending.
Third, and the one Byczko clearly considers most underused: consumer education and brand storytelling. “This is the original” is a weak pitch on its own in a market flooded with cheap alternatives. What works better is explaining, specifically, what makes a product different: its formulation, its sourcing, its performance, its longevity. Give people a real reason to pay more, not just a claim to authenticity.
Where This Goes Next
Byczko doesn’t think dupe culture is a passing trend. Her expectation is closer to “there will eventually be a dupe of everything,” and she’s watching an interesting generational pattern where teenage shoppers are teaching their mothers about dupes, who are in turn teaching their own mothers.
On the legal side, she expects more clarity as cases like Van Leeuwen work their way through the system, giving brands a clearer formula for how to define and defend trade dress. On the brand side, she expects less reliance on litigation as the primary weapon and more investment in what’s genuinely hard to copy: real innovation, ingredient transparency, and storytelling that a dupe simply can’t replicate.
One data point she raised stuck with us: search interest in the word “craftsmanship” is at its highest point in twenty years. After years of leaning into dupe culture, there are signs some consumers are swinging back toward wanting the original, the real ingredient, the real technique, the thing that can’t be copied to the same quality.
For brands sitting on distinctive packaging, a signature shape, or a product identity they’ve never formally registered, that’s less a trend forecast than a to-do list.
Here is the full transcript:
Ken Suzan: Thank you, Ralf. Our guest today on the IP Friday’s podcast is Caitlin Byczko. Caitlin is a partner with Barnes and Thornburg LLP and is based in Indianapolis, Indiana. Caitlin crafts and defends global brand strategies, protecting intellectual property assets with creative solutions and highly tactical advocacy. She excels in trademark prosecution and litigation before the Trademark Trial and Appeal Board and federal district courts, safeguarding trademarks and digital properties for businesses of all sizes and at every stage of the business life cycle. From startups to Fortune 500 companies, Caitlin manages clients’ intellectual property needs across diverse industries. Her experience spans retail, fashion, luxury goods, sports, technology, agriculture, venture capital and pharmaceuticals. Beyond trademark law, Caitlin brings valuable insights from her law school experience with the National Collegiate Athletic Association, NCAA, and her previous work serving in a technology company’s in-house legal department. Her tenacious nature and clever problem-solving skills shine through in complex matters, earning praise from clients and colleagues alike. Caitlin is co-author of “Dupe Culture Meets the Courtroom,” published in Global Cosmetic Industry on March 16, 2026. Welcome, Caitlin, to the IP Friday’s podcast.
Caitlin Byczko: Hi, Ken. Thank you so much. I’m very honored to be here.
Ken Suzan: Yeah, so Caitlin, today we’re talking about dupe culture, a topic that is rapidly becoming front for many brands around the world. What’s the actual difference between a dupe and a counterfeit?
Caitlin Byczko: That is one of my favorite questions. This is the most important distinction to draw when we are talking legally about dupes because the difference, because media and social media often use the words interchangeably and legally they’re very different. A counterfeit is a product that uses someone else’s actual trademark. We often think of a fake Chanel bag with interlocking C’s or a fake Louis Vuitton. It’s relatively straightforward trademark infringement and generally above certain thresholds is a federal crime. A dupe, by contrast, is a product that mimics the look, feel, or performance product without actually using the name or logo. We often think of it in the beauty products, in the fashion space, some brands like Elf Cosmetics, which was in the article you just mentioned, Zara, Costco’s Kirkland brand, Quince, who are all very well known in the dupe space.
Ken Suzan: What has led to the rise of dupe culture? I’m reading about it virtually every day.
Caitlin Byczko: I feel very strongly about this and I’m always talking about it in my legal and non-legal worlds. It’s a very interesting societal change that I think we’ve seen over the past year. I am a lawyer, I am not a marketer, I am not a sociologist, but in my opinion, social media and influencer culture specifically has really created the kind of rise in dupes that we see today. I don’t think we can talk about modern dupe culture without talking about TikTok specifically. Dupe content is its own genre, essentially on TikTok and on Instagram. There’s a whole vocabulary that people are dupe influencers, where their whole product, everything that they’re doing and selling, all of the content they’re making is dupe related. What’s really changed is the speed, I think, around when other products or when a dupe product comes out, how it can be marketed and how people can find out about it. The speed of commerce itself has increased wildly as a result, in part because of social media. A product used to take months to build a reputation as a good alternative. When we think about things, generic cereal is one thing that I have been talking about with my parents with respect to dupe culture. It was one of the things that there used to be, you would go to the store and there would be the cereal, the name brand cereal, and then there would be the generic version of the cereal, which was usually less expensive. That in a way was a dupe. It took a long time. Your friends knew about the dupe cereal and then you knew about the dupe cereal. Then it all got around. Now a single video can send a dupe product sold out within days, within hours sometimes. Oftentimes, a brand’s own team doesn’t even know about the dupe until it’s already been wildly out. Part of it becomes this legal issue when there are claims coming around the dupe. In the Sol de Janeiro case against Macau Beauty, part of the complaint isn’t just about the trade dress and the packaging, which I think we’ll talk about. It’s about the influencer content and the testimonials and what people are saying about the dupes. There’s so much evidence now and there’s so much content and there’s so much out there regarding dupes on social media, on TikTok, and in other places.
Ken Suzan: Yeah, and it’s an ever-evolving story. Every day there’s new social media content, more evidence for a potential gain, right?
Caitlin Byczko: Absolutely.
Ken Suzan: So if dupes aren’t using a particular brand name, how are companies suing over them at all?
Caitlin Byczko: So this is really where trade dress comes in, and trade dress, as most of us know, has been around for a long time. There are a lot of very well-known things that you probably see or use every day that you don’t know are protected by trade dress, but they are. And the trade dress protects the overall kind of look and feel of a product. So if you think about things like packaging, color combinations, shape, label design, when that becomes distinctive enough, right? When consumers see that and kind of immediately understand it has the secondary meaning related to the brand owner, then it can become a protectable trademark. And so the test for trademark infringement is likelihood of confusion. And courts will look at the factors of how similar the products actually look, how sophisticated the shoppers are, whether there’s evidence that people were actually confused. I think one of the big cases in the trade dress space that came out since you and I discussed originally, Ken, is the Van Leeuwen versus Rebel Creamery ice cream case. And so for any of those interested, it’s a very interesting opinion. It just came out of the Eastern District of New York. I think that really helps people, brands specifically, kind of provide a roadmap with respect to how to define a trade dress. I think they did an excellent job there defining what the trade dress was for the packaging. And I think that that had a lot to do with the success.
Ken Suzan: Yes.
Ken Suzan: Why do you think younger consumers gravitate towards dupes so much more than past generations did?
Caitlin Byczko: I think there are a few things that are kind of top of each other. The obvious one is economics. I think younger consumers, especially Gen Z, they’re shopping in an environment where there’s affordability pressure. And I think that dupes let them participate in certain trend cycles without the price tag. Gen Z is a significant demographic behind the growth of dupes. And they have a predicted spending power we saw recently, $12.6 trillion by 2030.
Ken Suzan: Wow. That’s incredible.
Caitlin Byczko: I think it is really also coupled with more of what I would say is a cultural shift. Again, I am a lawyer and this is just my opinion. But what feels aspirational is really changing, I think. And a generation ago, we saw in the fashion world, there was a really big, people really liked logos. Having a logo, owning a logo was the point. And now for a lot of younger shoppers or even more savvy shoppers, actually being a savvy shopper is the status symbol itself. So for a lot of creators, finding the dupe before anyone else or being the one who tells your followers about the dupe really has its own, and it’s less “I have this real thing” and more, “oh, I outsmarted the markup.” And I think it’s that kind of value. I think younger consumers are more publicly skeptical of the idea that something is worth five or ten times more just because of the name on the packaging. And I think that that becomes the case particularly in beauty and then clothing as well. And so I think it’s coupled with the question of craftsmanship and all of these different things. Like we can’t view anything in a vacuum, which is why I could talk for 500 years about this topic.
Ken Suzan: Yeah, definitely. Now brands obviously want to protect themselves. That’s an important thing. But going after a dupe can backfire publicly, particularly on the internet. Can you comment on this possibility and what should brands do?
Caitlin Byczko: Sure. I think the biggest thing is what you just said. So I think there’s the legal component. And when we’re assessing this for one of our brand clients, I think we cannot review one without the other. So I think you have to say, do we have this claim? Do we have a protectable trade dress or a look and feel claim? And what is the potential backlash in the public? I think it is also a joint PR concern, because what we see is suing over a dupe can very easily read to the public as, oh, this big brand or big corporation is coming down on a small competitor or on its own customers that made the original brand aspirational. I think that we see this in a lot of the big cases that are out right now. So brands, I think, can start to think about enforcement as a communication strategy first, because sometimes the smarter play isn’t necessarily filing a lawsuit. It’s kind of a quieter cease and desist, a takedown request, or separately, it might be really doubling down on the craftsmanship or on a marketing side of what makes the product worth the price. I think Charlotte Tilbury is a great example of this, who’s really leaned into this kind of “can’t be duped” or “you can’t remake the original” with respect to some of their really core products. And so I think people really need to, or brands really need to, assess: one, how can we define what it is that’s being duped? And again, that’s where I think that Van Leeuwen case, I think, will be really interesting over the next few years, with respect to kind of providing this roadmap to help people say, here is a way that we can try to really define what the trade dress is and then be able to protect it and be able to enforce it.
Ken Suzan: Caitlin, are there cases right now, I know we just talked about the Van Leeuwen case, but are there cases right now that you think will actually set the tone for how this area of law develops?
Caitlin Byczko: Absolutely. And I think some of the cases probably are even in the works, they’re not even filed yet, which is probably very exciting to us as trademark nerds. I do think the Lululemon versus Costco case will be a big one. It’s not just trademarks and trade dress, as many of them are not. I think a lot of times we see in these cases brands are very smartly using kind of all of the different types of causes of action that they bring: trademark, patent, false advertising, a lot of different things. And so I think that that one is definitely certainly one to watch kind of in the fashion space. And then the Sol de Janeiro versus Macau Beauty. Macau Beauty has been sued multiple times, I think, in various jurisdictions. And so I think part of that one is very interesting to me because I think it’s this, it loops not only trademark protection, but also it brings in false advertising, it brings in influencers, it brings in all of these different things. And so I think, like we had talked about previously, nothing is really viewed in a vacuum. And I think for all of these cases, one really important thing, maybe that we didn’t necessarily have access to 10 years ago, or certainly 20 years ago, is this like just ripe amount of evidence of potential confusion or potential non-confusion. When we go on social media and look at all of these things, and then read the comments and all of this different data that’s out there, it’s fascinating, because if you’re in trial, or if you’re going to trial, you’re sending a cease and desist letter, like there is evidence of what the consumers think right here in front of you, right? And the weight of that evidence obviously depends on what it is. But it’s fascinating the way that you can very quickly identify, you know, is there confusion? Is there not confusion, in a way that you likely could never have even thought to consider 10 to 20 years ago?
Ken Suzan: Now beyond litigation, what should brands actually be doing to protect themselves in a dupe-driven market?
Caitlin Byczko: I think one of the best things that we can do, right, is starting to register the trademarks. I think that’s an obvious one. And really start to consider where the product is genuinely distinctive. And so if it is genuinely distinctive, pursuing a trade dress or a design patent early, before a dupe exists, before anything happens. And I know that can be difficult, because oftentimes brands don’t know for sure what’s going to take off and what’s not. It can also be a surprise. But I think it’s really pushing brands that when you are innovating and when you are doing something that is truly unique and truly distinctive, or when you’re looking back on your brand assets and saying, this thing has been an anchor brand asset for 10 years, you know, have we sought trade dress protection? Is there a way that we can do that? The second layer really is monitoring, in my mind, because a lot of dupe disputes do start on social media. And I think it is important to have people within a company, if you have a product that you’re really keeping an eye on, or that you’re concerned about being duped or causing confusion, having someone who is keeping eyes on hashtags and influencer content and all of these various things. You know, we’re not watching just your direct competitors, we’re watching other completely different brands, or kind of made-up brands even, who could be duping the product. And then I think the third thing that I see as very important is this kind of consumer education and brand storytelling, which is when we kind of get outside of the purely legal side of it. And, you know, legal and marketing and brand and social kind of all need to work together, right? I think if the only pitch to consumers is “this is the original,” it kind of becomes a weak argument in a market where there are cheap alternatives everywhere. But I think the brands that really explain what actually makes their product different, in its formulation, its sourcing, its performance, its longevity, it really gives people a real reason to say, I want to pay more for this brand because of XYZ, you know, the technology or whatever that is. Charlotte Tilbury is one that I had mentioned. I know Olaplex kind of had a big campaign around “OlaDupe” is what they called it. So I think really unique and interesting marketing also assists with that.
Ken Suzan: Caitlin, where do you see dupe culture heading? Is this a trend that plateaus or does it fundamentally change how brands operate?
Caitlin Byczko: I think dupe culture itself is here to stay. I mean, I think we are only getting into a world where there is truly going to be a dupe of everything. And it’s not good or bad necessarily. I think it is just where we are in life. And I think, you know, things serve different purposes. And it all depends a lot on how the younger consumers shop. And it’s also changing how older consumers shop. You know, I’ve read a lot about teenage girls teaching their moms about dupes, who are then teaching their grandmothers about dupes, right? So on the legal side, I think we will get clarity eventually. I think right around, you know, all like all of these things, which seem so complex, and we’ll never know the answer. You know, five [years] from now, we will probably have certainly more clarity, because a lot of these cases will move forward. You know, the Van Leeuwen one, which I’ve now talked about multiple times, but I just obviously think it’s very fascinating. I think that that’s one where you have a roadmap, right? And it may be contested, or, you know, everything is very fact-specific in the trademark world. But I think it will open the door to allow people one more aggressive brand enforcement. But it will give people a roadmap proactively to kind of say, if we follow this formula for our trade dress, or, you know, defining our trade dress, then, you know, we have something we can potentially protect. And then I think on the brand side, we’ll likely see less reliance on litigation as the primary weapon and more investment in things that are actually, you know, difficult to dupe: innovation, ingredient transparency, marketing, genuinely interesting brand storytelling is something that we’ve seen. I read this past week that searches for craftsmanship, just like generally the word craftsmanship, and kind of products with craftsmanship, is at an all-time high, than it’s been in like the past 20 years. And so it’s interesting, right, that we have gone from this kind of luxury item or high craftsmanship to this dupe culture that we are in now. But there is some potential shift where people are saying, you know, now, I’ve seen all of this and I have all of these options, but now actually what I do care about is the original, right, the innovation or the ingredient transparency or all of those things that can’t necessarily be copied to the same quality. So it’s why it will just provide us with endless topic of discussion, because I think it will only just keep changing forever.
Ken Suzan: That’s right. Caitlin, I want to thank you for spending time with us on the IP Friday’s podcast. This has been very insightful, and I’m sure we’ll be talking about this issue in the months and years to come.
Caitlin Byczko: Thank you so much, Ken. I really appreciate it.
Ken Suzan: Thank you.