Discover how dupe culture, trademarks and copyright collide. Barrister Susan Gatford breaks down the Aldi copyright case and IP rules for look-alike products.Director and Principal Clerk of Svenson Barristers Anna Svenson sits down with Susan Gatford – barrister, mediator and trademark attorney – to unpack the rising trend of “dupes” in beauty and retail. From Instagram-fuelled hype to the landmark Aldi Australia packaging decision, learn where the legal lines are drawn and what brands should consider before copying a competitor’s look and feel.

Key Takeaways

• Understand the economics that drive brands to release copycat products
• Learn the difference between trademark and copyright protection in Australia
• Hear how TikTok and Instagram have super-charged dupe culture
• Get practical tips to protect your brand or launch a dupe ethically
• Dive into the first Australian judgment finding Aldi liable for copyright infringement on packaging

Chapters

00:00 Introduction to Intellectual Property and Dupes

02:48 Understanding Copyright vs. Trademark

05:57 The Legal Landscape of Dupes in Makeup

08:51 Case Study: Aldi’s Copyright Infringement

11:50 The Impact of Social Media on Dupes

15:04 Emotional Aspects of IP Infringement

17:43 Future of Dupes

Guest Spotlight –Susan Gatford

Susan is a Melbourne-based barrister who specialises in intellectual property disputes and commercial law. With qualifications as a trademark attorney, barrister and mediator, she has advised retail giants, start-ups and established labels on brand strategy, IP licensing and enforcement.

Connect: LinkedIn: https://www.linkedin.com/in/susan-gatford-91820b31/

Barrister profile: https://www.vicbar.com.au/Profile?ID=23712

Resources Mentioned

• Federal Court judgment: APL v Aldi Australia (link)
• IP Australia guides on trademarks and designs
• ACCC consumer law overview

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