- The Savage Esquire
- Posts
- The Influence Economy
In partnership with
RELAUNCH OF THE SAVAGE ESQUIREWelcome to the return of the SAVAGE ESQUIRE newsletter, a curated look into the world of law, luxury and licensing especially for female founders, creators and beyond. Some of you know me as a trademark or licensing attorney, general counsel and lover of all things luxury (mostly purses). I generally like to think of my fashion sense as high-low, but I frequently get comments about my accessories which seem to elevate my outfits. For years, I have worked in the fashion industry because my passion has always been licensing and helping others commercialize their brand, images or other IP even before the now-ubiquitous term “NIL” became popular. I pay homage to the late, George Feldenkreis (“GF”), founder of Perry Ellis International, for teaching me the expansive power of licensing. With my personal fashion sense and these learnings from GF and others, I hope to explore with you my thoughts on happenings not just in the law, but also what it might mean for your brand or business if you’re a creator or entrepreneur. I hope to leave a mark — thoughtful, tactile, and deeply rooted in exploring the potential and power of licensing for your business or brand. This month, we will journey through the world of dupes and the impact of influencers. I will admit that I may be a bit late in writing on this topic, but as influencers continue to try to capture lightning in a jar and the USPTO deciding to tackle this issue head on - and oh, did I mention that I LOVE purses, I said, why not?? The issue is ongoing, so I hope you find this take interesting. But before I dive in, I want to acknowledge the writers who helped me get to this point in this passion project: Timothy Dugdale and Leo Zevin. My heartfelt thanks for your contributions! LET THE JOURNEY BEGIN (AGAIN)! |  Cowboy Carter inspired. Chanel purse required. |
Feature Story
Will Dupes Redefine Luxury Brands?
Credit: Camera Rules via Shutterstock
In today's fashion landscape, the dupe economy is not merely a byproduct of consumerism. It's a cultural phenomenon.
Platforms like TikTok and Instagram have transformed counterfeit goods from clandestine purchases into bold fashion statements. Influencers are at the forefront, challenging traditional notions of luxury and authenticity.
INFLUENCERS REDEFINING LUXURY
In a viral TikTok video, @wildunfiltered showcased the "Wirkin," a $78 Walmart handbag resembling the Hermès Birkin. Holding up her authentic Birkin, she clarified:
It is NOT A BIRKIN! It is not made by Hermès. It has no affiliation to Hermès or the Birkin. It is a duplicate, a copy, an 'inspired-by' piece. It is not the Birkin.
Despite her disclaimer, the Wirkin gained immense popularity, with influencers like @jesssi.myyy and @styled.by.krist flaunting their versions, sparking debates on authenticity and value. I mean, Kristi did get 9 million views out of this phenomenon…so it must have been worth it!
Australian TikTok personality Ben Giles openly embraced the world of designer knockoffs, admitting to spending over $50,000 on counterfeit items in a single year. He positioned himself as a modern-day Robin Hood, making luxury accessible to the masses. His content garnered a substantial following, particularly among Gen Z audiences.
Listen, I remember in my early law firm days evaluating “dupes” for some of my clients with no notion that this would become a whole economy! I can only imagine who must have cleared the use of the Wirkin for Walmart and their evaluative process. No judgement here. It is notable though that the Wirkin has quietly disappeared from shelves.
Even influencers aren’t immune from falling prey the dupe economy and mindset. Under the category of “you have the nerve,” fashion creator Sydney Nicole Gifford accused another influencer of copying her “sad beige” aesthetic, down to the poses, filters, and product picks. Though the case was ultimately dismissed, it exposed the murky legal terrain where imitation is not being the sincerest form of flattery.
REGULATORY BODIES PERK UP
The surge in counterfeit culture has not gone unnoticed. The U.S. Patent and Trademark Office (USPTO) has partnered with the Organization for Economic Cooperation and Development (OECD) to develop voluntary guidelines aimed at curbing counterfeit trade on online marketplaces. A public roundtable will be held on June 5, 2025 to discuss targeting repeat offenders and enhancing transparency, among other topics aimed at cracking down on rampant counterfeits…my bad, “dupes.” Frankly, while the term “dupe” has been romanticized by TikTok influencers and Gen Z consumers, legally, intent matters.
But here’s the risk: the dupe economy doesn’t just blur the line between real and fake. It erodes trust, dilutes brand equity, and makes enforcement a whack-a-mole game on a global scale.
Luxury is no longer just bought. It’s hacked, knocked off, and repackaged, all for the sake of virality.
THE SAVAGE TAKEAWAY
In this dupe-driven world, your biggest competitor might not be another label; it might be your own aesthetic, repurposed. Brands, it’s time to sharpen your strategy, tighten your trade dress protections, and educate your customers.
Receive Honest News Today
Join over 4 million Americans who start their day with 1440 – your daily digest for unbiased, fact-centric news. From politics to sports, we cover it all by analyzing over 100 sources. Our concise, 5-minute read lands in your inbox each morning at no cost. Experience news without the noise; let 1440 help you make up your own mind. Sign up now and invite your friends and family to be part of the informed.
Until next time,
Unpacking how founders grow iconic brands through licensing
Reply