Is your business at risk from a competitor’s “dupe” products?

The rise of “dupe” products is becoming increasingly prevalent across various markets, including in New Zealand. Dupes, as they are colloquially known, are goods designed to replicate the appearance and quality of high-end products at a more affordable price, making them attractive to consumers.

One example is Stanley cups, which have become hugely popular, but retail for up to $90. Dupe versions of the cup, which retail for as low as $10, give consumers an opportunity to get a look-alike tumbler and participate in the trend, without the hefty price tag. While this trend benefits consumers, it poses a significant challenge to businesses trying to safeguard their brands. However, there are legal measures businesses can take to protect themselves from the threat of dupes.

A notable example of a company that has run into issues resulting from its dupe products is Aldi, the German supermarket chain, which has thousands of stores around the world. Aldi has gained notoriety for its dupe products marketed as “like brands, only cheaper.” Despite experiencing success, Aldi’s approach hasn’t been without complications. In January 2025, the UK Court of Appeal overturned an earlier favourable ruling and found that Aldi had infringed the trade mark of Thatchers Cider Company Ltd with its look-alike packaging. The Court ruled that Aldi had unfairly capitalised on Thatcher’s well-established packaging design.

While Aldi does not operate in New Zealand, it has faced similar legal challenge in Australia. The Federal Court of Australia found the supermarket chain had infringed on Hampden Holdings IP Pty Ltd’s copyright in its Baby Bellies packaging of its “puff snacks”. In this case, the Court determined that Aldi had reproduced a significant portion of Hampden’s original design, again using Hampden’s packaging as a “benchmark” for its own design.

Recourse for New Zealand brands

For New Zealand businesses facing the rise of dupe culture, there are several legal avenues available to protect their brands:

1. Register your intellectual property: Protecting your brand and products through the registration of intellectual property helps to ensure that no one else can use that intellectual property. This includes trade mark protection of brand names, logos and slogans. In the case of distinctive packaging, businesses may wish to consider applying for a registered design and/or a registered shape trade mark, which protect how the product looks.  By way of example, the design of the iconic glass Coca-Cola bottle is protected in New Zealand by a registered design and registered shape trade mark.

2. Leverage the Fair Trading Act 1986 (FTA): The FTA regulates commercial activities and prohibits acts that may mislead or deceive consumers. If you believe that a competitor is marketing and selling look-alike products, you could seek an injunction to prevent them from selling their dupe products.

3. Passing off: New Zealand’s common law also restricts the act of passing off. To prove passing off, a business must show it has goodwill in the market, the other party is misrepresenting its product (to benefit from this goodwill), and the business with the goodwill in the market is likely to suffer harm as a result – such as loss of profits. One of the benefits of making a claim for passing off is that punitive damages are a possible remedy.

The rapid growth of dupe culture – facilitated by marketing strategies and social media – presents a challenge for both the original creators of products and the marketers of dupe goods. The reality is that dupe products are here to stay. Therefore, it is essential for businesses to adapt their legal strategies to ensure they are well-protected against the rise of dupes.

Charlene Sell – Partner, Wynn Williams’ Property & Business Advisory Team

Isabel Sullivan – Solicitor, Wynn Williams’ Property & Business Advisory Team