When “Dupes” Turn Into Lawsuits: What Smucker, Lululemon & Aldi Reveal About IP Battles in 2025
Last Updated November 2025
Private-label design has moved from harmless imitation to legally actionable mimicry and courts are taking notice. According to the Private Label Manufacturers Association (PLMA), U.S. store-brand sales grew 3.9% last year to a record $271 billion, signaling a structural shift in consumer behavior — and a growing threat to manufacturers with well-established brand equity.
This shift has corresponded with an observable uptick in trademark litigation that includes trade dress allegations. Commentators note that courts are increasingly entertaining trade dress claims — a trend that signals brand owners are treating trade dress as a regular component of their enforcement strategies. Although trade dress filings make up a smaller percentage of overall trademark cases, courts are seeing an increasing number of disputes centered on product design, packaging, and overall look-and-feel, particularly in actions involving private-label or “lookalike” goods.
The result? Retailers are pushing design boundaries, national brands are drawing firmer lines, and courts are increasingly tasked with determining where “inspiration” becomes “infringement.”
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