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.
Get in contact with Svenson Barristers:
https://www.linkedin.com/in/anna-svenson-2610b790/
https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true
https://svensonbarristers.com.au/
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
Support the show: https://www.linkedin.com/company/svenson-barristers/
See omnystudio.com/listener for privacy information.
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