IP transactions partner and co-chair of the consumer & retail brands industry group Erica Han was a guest on the Suited with Kenya Wiley podcast to discuss the legal and business implications of dupes-based business models, in which she provided advice to potential investors in these businesses. Dupes—lower-cost products that are inspired by luxury or well-known branded products— have been rising in popularity.
"Just because you call something a dupe doesn't take something that is clearly infringing or illegal and turn it into something that is OK," Erica said on the podcast.
Investors should take a close look at the business model and avoid products that are clearly counterfeit, Erica added. They should also look at the company's intellectual property risks; ensure the companies are staying within the bounds of acceptable comparative advertising; and assess companies’ own potential for innovation.
The podcast episode is available on Apple Podcasts and Spotify.
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