Duped: Fakes, Frauds and IP Battles

From Idea to Intellectual Property

One of the most costly trade mark infringements that commercial businesses face is the “dupe”, “fake” or “fraud” - duplicate, false or fraudulent products intent on poaching consumers at a lower price point (and often poorer quality).

In this episode of From Idea to Intellectual Property, we assess the recent dupe explosion, brought on by the rise of online marketplaces on apps like TikTok, coupled with influencer marketing and fast fashion brands. The price point and easy access to dupes makes them a difficult temptation for consumers to resist, and their prevalence makes monitoring infringement a challenging task.

Host Lisa Leong is joined by Kristin Carden, Director of FernMark at New Zealand Story, the New Zealand Government agency responsible for upholding the Silver Fern trade mark, an iconic piece of imagery for the nation.

Lisa is also joined by AJ Park Principal and Litigation & Dispute Resolution Practice Group Leader Thomas Huthwaite. Here, he discusses the evolution of tracking down dupes, and how the landscape has changed with the increase of online marketplaces.

This episode unpacks the importance of protecting brand imagery, and the challenges involved in implementing these protections in an increasingly fraudulent online world.