6 for ‘26 - Part 1: Enforcement in the age of virality

As we approach 2026, the international trade mark landscape is shifting, shaped by globalisation, increasing sophisticated digital commerce, and evolving consumer expectations. To help brands navigate this complexity, we are delighted to bring readers a six-part insight series exploring the key considerations for a healthy trademark portfolio. 

From data-led insights and international enforcement to AI and post-Brexit strategy, the series will offer practical guidance, expert commentary and actionable takeaways for business owners and rights holders. 

In the first of the series, Kirsten Gilbert, Partner and Head of Brand Exploitation, Protection and TM Litigation (UK), discusses the ever-evolving topic of “dupes”. With imitation products dominating headlines and social media feeds, brands must rethink how they protect their identity and shape the narrative around authenticity. 

Why does the Lululemon case matter? 

Last month, Bloomberg Law News published an article by Kirsten discussing Lululemon’s lawsuit against Costco over alleged product “dupes.” The case has sparked wider conversation about how brands can, and should, respond when imitation products threaten their identity and market share. 

In the article, Kirsten highlights that enforcement isn’t just about legal action; it’s about shaping the narrative. Brands must be proactive in defining what constitutes a dupe, educating consumers, and protecting their trademarks before reputational damage takes hold. 

This real-world case underscores a growing challenge for brands: the rise of “dupes” in pop culture, fuelled by social media and fast fashion. From viral TikTok trends to Black Friday lookalikes, the pressure on brands to monitor and respond is greater than ever. 

Read the full piece now. 

How can you strengthen your brand’s enforcement strategy? 

Effective enforcement isn’t just about reacting to infringement — it’s about building a proactive, layered strategy that protects your brand across physical and digital spaces.

Seek advice from a specialist. At Marks & Clerk, we support clients through three key areas of enforcement activity: 

Protect 
Strong enforcement starts with strong IP rights. We help brands: 

• Develop protection strategies that support anti-counterfeiting actions. 
• Register IP in key jurisdictions and with customs authorities to enable the seizure of counterfeit goods. 
• Ensure rights are robust and ready for enforcement when needed.

Enforcement strategy step 1: Watching services 
A cornerstone of protection is early detection. Watching services alert brand owners to third-party trademark applications that may infringe on their rights. These services can be tailored to monitor trade mark registries and even company registers, helping brands spot suspicious activity before it escalates. 

Monitor 
Ongoing surveillance is essential. We support brands by: 

• Engaging law enforcement and investigators to monitor markets.
• Training authorities to identify fakes.
• Monitoring online marketplaces and trademark filings. 

Enforcement strategy step 2: Border enforcement 
Registering IP rights with customs authorities via an Application for Action (AFA) empowers officials to intercept and destroy counterfeit goods at borders. 
In the UK and EU, AFAs are vital tools. Providing detailed intelligence strengthens these efforts and helps prevent genuine goods from being mistakenly detained.

Enforce
When infringement occurs, decisive action is critical. We help brands: 

• Support law enforcement with expert evidence. 
• Take coordinated legal action against counterfeiters. 
• Remove infringing listings from websites, marketplaces and social platforms. 

Enforcement strategy step 3: Online monitoring & enforcement 
Given the rate at which ecommerce is developing, online enforcement is more important than ever before. We work with brands to design an effective monitoring service that detects counterfeit listings across platforms. Once identified, listings can be taken down via platform tools or escalated through legal channels. 

Find out more about brand monitoring and enforcement in our eBook Brand Security in a Modern World.

Speak to a trade mark specialist 

If your brand is facing copycat products, viral dupes, or enforcement challenges, now is the time to act. The Lululemon case highlights that waiting too long can mean losing control of the conversation — and your reputation. 

Having an enforcement strategy offers a clear roadmap: 

• Stay ahead of emerging threats through proactive brand surveillance. 
• Focus your efforts on high-risk infringements that pose real harm. 
• Take decisive legal, commercial, or reputational steps to protect your brand. 

Get in touch with one of our trade mark experts today if you have any questions about enforcement, or future-proofing your trade mark portfolio. 

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