C’est ce ne pas une “skort”: <em>How is one small creator trying to fight against the increasingly popular dupe culture with design patents?</em>

With the rise of fast fashion and the popularity of dupes, creators and designers are becoming increasingly frustrated with their work being copied and duped at a far faster rate than before. Cassey Ho, also known as Blogilates, is trying to fight the David and Goliath fight by using design patents and other methods to protect her and her team’s brand.

Dupe culture has been around since the onset of consumerist culture and has only ramped up via social media. Today, most people with access to social media are exposed to “dupe” culture driven primarily by consumerism. Social media is fine tuned to show us products we liked, saved, or simply viewed too long, and coincidentally, the perfect product shows up on TikTok, Instagram, etc., and often the deal looks too good to pass up. It makes us pause and think, “Is it real? For that price?” That beautiful, dreamy, blue and white cottage-core dress you saw costing over $200, is now being sold for only $50? “It’s too good to be true...but what if it’s not?” For the consumers willing to take the risk, it often leads to disappointment and regret. The prevalence of this experience has spawned countless “Is [Retailer X] Worth It?” and “Watch Before You Buy” YouTube series and even propelled online careers. However, it is an unending battle for the creators and designers whose designs are stolen.

Stolen product advertisements and dupes are not new, but the problem has only gotten worse since companies like SHEIN and Temu took a foothold in the US market. Designers are increasingly dealing with fake or counterfeit product listings on fast fashion sites aimed at attracting consumers on a budget. Divya Issac, The Rise of “Dupe” Culture: Designers Struggle to Protect Their Designs, The Trademark Lawyer (September 9, 2024), https://trademarklawyermagazine.com/the-rise-of-dupe-culture-designers-struggle-to-protect-their-designs/ (last visited Jan. 31, 2026). This issue is especially dejecting for smaller designers, who tirelessly develop a product only for someone to screenshot their work and produce a hastened copy. Access to generative AI has made it even easier to copy and modify stolen work to desired target markets, including replacing the original models with AI-generated models. One designer decided to fight back. 

Vietnamese American fitness content creator Cassey Ho, better known as “Blogilates” to her many fans, started her fitness career uploading her Pilates fitness routines to YouTube and ultimately grew her channel to 10.9 million subscribers. Blogilates (@blogilates), YouTube, https://www.youtube.com/channel/UCIJwWYOfsCfz6PjxbONYXSg; Marta Biino, ‘Body shaming from all corners’: Why YouTuber Blogilates moved from fitness content to designing clothes — and how she built multiple 8-figure brands, Business Insider (Jul 6, 2023, 12:11 PM ET), https://www.businessinsider.com/cassey-ho-fitness-influencer-blogilates-popflex-activewear-brands-2023-6 (last visited Jan. 31, 2026). Ho’s Blogilates brand is a successful fitness brand and she launched POPFLEX® in 2016, her own workout clothing brand. Cassey Ho, Our Story, Popflex, https://www.popflexactive.com/pages/our-story (last visited Jan. 31, 2026). Ho brings a unique approach to design as she enjoys sharing and narrating through her design process across her social media pages. She often highlights her design choices, explaining her solutions to long-time fashion gripes, such as a lack of pockets, seams leading to unflattering lines in the groin area, inflexible waistbands, etc. POPFLEX® (@popflex_active), Instagram, https://www.instagram.com/popflex_active. After achieving commercial success, Ho’s brand experienced a surge of mainstream attention after the POPFLEX® Pirouette skort was seen on popstar Taylor Swift in 2024. Cassey Ho, The Trickle Down Effect of Celebrity Influence on Fashion Trends, Blogilates; Cassey’s Blog (Mar 4, 2025), https://www.blogilates.com/blog/celebrity-influence-on-fashion-trends/ (last visited Jan. 31, 2026).

Dupes of the popular skort had appeared prior to the Taylor Swift post but exponentially multiplied after. Cassey Ho, I am so weirded out...dupe culture, exposed, Blogilates: Cassey’s Blog (July 2, 2024), https://www.blogilates.com/blog/i-am-so-weirded-out-dupe-culture-exposed/ (last visited Jan 31. 2026). Ho also found false AI-manipulated advertisements that replaced her with a white model. Id6. Patent No. D1,010,983 S (filed on Aug. 8, 2023) (issued Jan. 16, 2024). Since then, she has taken down over four hundred dupes of the famous Pirouette Skort and other items, and her company oGorgeous Inc. now holds multiple design patents. Cassey Ho, Patents, Popflex, https://www.popflexactive.com/pages/patents (last visited Jan 31, 2026). However, on February 20, 2025, Ho posted on her blog that retail giant Nordstrom Inc. was selling a dupe of her skort. Cassey Ho, One of the largest retailers in America is trying to silence me, Blogilates: Cassey’s Blog (February 20, 2025), https://www.blogilates.com/blog/popflex-nordstrom-rack-dupe/ (last visited Jan. 31, 2026). Naturally, she pursued the usual legal path and sent cease and desists to Nordstrom, Inc. and Gottex (the listed seller). Id. To the average eye, Gottex’s “Tutu Skort” could reasonably be mistaken for the Pirouette Skirt, which is the standard for design patent infringement. See Crocs, Inc. v. Int’l Trade Comm’n, 598 F.3d 1294, 1303 (Fed. Cir. 2010).

As Ho owned the design patent and tried reaching out to Nordstrom for a solution, one would assume this to be an easy fix. However, Nordstrom and Gottex instead threatened Ho with legal action. Cassey Ho, TEA TIME: The Update You’ve Been Waiting For, Blogilates: Cassey’s Blog (August 6, 2025), https://www.blogilates.com/blog/nordstrom-gottex-popflex-dupe-update/ (last visited Nov. 14, 2025). After months of initiative without response, Ho spoke out and her situation gained mainstream traction. Ho’s fans started noticing and reporting similar dupe skorts in stores like TJ Maxx and Marshalls. Id.

The response that Ho finally received from Nordstrom was cease-and-desist, threatening defamation over her comments. Id.  Ho simply wanted the situation to end and proposed a settlement after months of communication and negotiation, but Nordstrom rejected, requested an NDA,6 and proposed a fine of $250,000 if Ho refused to comply. Id. Determined to fight for her designs, she turned them down and continues to push back against the retail agent. Cassey Ho, TEA TIME: The Update You’ve Been Waiting For, Blogilates: Cassey’s Blog (August 6, 2025),  https://www.blogilates.com/blog/nordstrom-gottex-popflex-dupe-update/ (last visited Nov. 14, 2025). Ho had better luck with other retailers, as she recently announced a previously identified dupe-selling retailer willing to comply and remove the dupes from stores. Video posted by Cassey Ho (@blogilates), Instagram, (Jan. 29, 2026), https://www.instagram.com/reel/DUG4N0IEVvJ/.

The POPFLEX® story is not new and Ho followed the prescribed legal course. For protecting clothing designs, several options are available under IP laws. Most large luxury fashion houses seek protection under trademarks for their ubiquitous and world-renowned logos, scents, and specific shades of red for bottom soles. Understanding the Value of a Fashion Patent, Adams IP, https://www.adamsiplaw.com/fashion-patents/ (last visited Jan 31, 2026). Copyright can also provide limited protection to designs on clothing as long as there is some graphic or pictorial element of the design that could be identified separately from and exist independently of the utilitarian aspect of the clothes. Star Athletica, L.L.C v. Varsity Brands, Inc., 580 U.S 405, 414; Understanding the Value of a Fashion Patent, Adams IP, https://www.adamsiplaw.com/fashion-patents/ (last visited Jan 31, 2026). Utility patents also offer a new and useful process of composition of matter, which may offer some protection with specific product function, but are usually more related to the technical aspects than design ones. Id.; 35 U.S.C. § 101. Lastly, there are design patents. 35 U.S.C. § 171 specifically grants design patents for promoting decorative arts, as long as they are “new, original, and ornamental.” 35 U.S.C. § 171; Gorham Mfg. Co. v. White, 81 U.S. 511, 524 (1871). However, in practice, the actual process to obtain and enforce design patents can be costly and time consuming. Understanding the Value of a Fashion Patent, Adams IP, https://www.adamsiplaw.com/fashion-patents/ (last visited Jan 31. 2026). Despite these challenges, Ho applied for them as a way to protect her creations and has gone toe-to-toe with dupe sellers ever since. Cassey Ho, HBD to me and my first design patent!, Blogilates: Cassey’s Blog (January 18, 2025), https://www.blogilates.com/blog/happy-birthday-to-my-first-design-patent/ (last visited Jan 31. 2026). Ho did everything within her legal means. Cassey Ho, TEA TIME: The Update You’ve Been Waiting For, Blogilates: Cassey’s Blog (August 6, 2025), https://www.blogilates.com/blog/nordstrom-gottex-popflex-dupe-update/ (last visited Nov. 14, 2025). She obtained the design patents and sent out cease and desist letters to dupe sellers. Id. Theoretically, the products should be removed and everyone moves on.

Historically, “dupes” meant legally acceptable versions that took inspiration from more expensive designs, but that definition has evolved and many “dupes” today have little concern about the legal standard. Alexandra J. Roberts, Dupes, The NYU Journal of Intellectual Property & Entertainment Law, 14 N.Y.U. J. Intell. Prop. & Ent. L. 94, 99–100 (2025). What allows some to “skirt” IP regulations is based on what type of right they are infringing upon. Fashion designs complicate this, especially as dupes can mimic similar visual aspects just enough without infringing any of the protected components. Alexandra J. Roberts, Dupes, The NYU Journal of Intellectual Property & Entertainment Law, 14 N.Y.U. J. Intell. Prop. & Ent. L. 94, 99–100 (2025). The benefit of design patents is making legal actions like cease-and-desist orders, takedown procedures, or even criminal counterfeiting charges possible. Id. at 103. The requirement for infringing upon design patents requires the dupe to be able to deceive the “ordinary observer,” even those familiar with the prior art, without any new or novel element. Crocs, Inc. v. Int’l Trade Comm’n, 598 F.3d at 1303. The key issue is whether the similarities in design produce enough effects to produce market confusion beyond simply having a few ornamental elements in common. Id. at 1303, 1306. Inversely, purposefully having a few small differences will not prevent infringement either. Id. at 1303.

A dichotomy exists between the ethics of dupes, which are closely associated with fast fashion brands and unethical practices, versus economic realities and the actual value of products. Ana Beatriz Reitz Gameiro, The Mirror Palais Paradox: A Brand Built on Social Media, Haunted By It Too, Fashionista (September 25, 2025), https://fashionista.com/2025/09/mirror-palais-marcelo-gaia-dupes-tiktok-fast-fashion (last visited Jan. 31, 2026). Small designers like Ho are in a tenuous position. In Ho’s blog regarding the dupe problems, she made it clear that she considers dupes to be “counterfeits, which are illegal,” and is willing to protect her designs with appropriate financial means. Cassey Ho, I am so weirded out...dupe culture, exposed, Blogilates: Cassey’s Blog (July 2, 2024), https://www.blogilates.com/blog/i-am-so-weirded-out-dupe-culture-exposed/ (last visited Jan. 31, 2026).

While it is unclear if the POPFLEX® situation with Nordstrom Inc. and Gottex will resolve, Ho is likely to continue facing this issue. As of today, several other unnamed retailers have already complied and pulled dupes skorts from their stores. Video posted by Cassey Ho (@blogilates), Instagram, (Jan. 29, 2026), https://www.instagram.com/reel/DUG4N0IEVvJ/. Furthermore, Ho has started a budget conscious line of athletic wear under BLOGILATES sold exclusively at Target. Erin Cabrey, How activewear brand Popflex duped its own products with its new Blogilates line at Target, Retail Brew (January 13, 2025), https://www.retailbrew.com/stories/2025/01/13/how-activewear-brand-popflex-duped-its-own-products-with-its-new-blogilates-line-at-target (Last visited Feb 7, 2026). Most products are similar to ones sold on POPFLEX® with some design and material differences to support the lower prices. Id. The collection has been very successful and also helps Ho combat dupes with her own authentic “dupes” that ultimately boost POPFLEX®’s sales by bringing in new consumers. Id. While this will not end unauthorized dupes, this could prove to be a worthy deterrence strategy to encourage budget conscious consumers to support the original creators.   

Moreover, the natural issue that arises after pursuing legal action is what ends up happening to the dupe versions of products. Retailers typically destroy the dupes, but Ho decided to turn the dupe skorts into upcycling kits for her fans to “upcycle” into new wearable clothing. Video posted by Cassey Ho (@blogilates), Instagram, (Jan. 29, 2026), https://www.instagram.com/reel/DUG4N0IEVvJ/. This campaign, in collaboration with creators Kiana Bonollo and Tracy Gracia, hopes to save the “dupes” from being wasted. Id. This certainly opens the door to other IP infringement questions. As upcycling becomes more popular, brands like Louis Vuitton and Rolex have taken parties to court over similar matters; however, both were trademark infringement cases and not patent infringement. Louis Vuitton Malletier S.A.S. v. Sandra Ling Designs, Inc., No. 4:21-CV-352, 2021 WL 3742024, at *2 (S.D. Tex. Aug. 24, 2021); Rolex Watch USA, Inc. v. Beckertime, L.L.C., 96 F.4th 715, 719 (5th Cir. Mar. 21, 2024). Based on Bollono and Garcia’s tutorials, neither are using any trademarks and appear to be using their own designs. Kiana Bonollo, Upcycling 9 Skorts into a Beautiful Dress // Sewing Tutorial & PATTERN for this Ruffle Tiered Dress, (YouTube, Jan. 29, 2026), https://www.youtube.com/watch?v=PfaTJpmIUmc; Tracy Garcia, DIY Off the Shoulder Gathered Gown/ Pattern Available, (YouTube, Jan 29. 2026), https://www.youtube.com/watch?v=kwmdENkEvJg. While Ho and POPFLEX® have found a method to trim the dupes on the market, dupes will unfortunately remain a continuing problem for designers like Ho and her contemporaries as the legal and technological world evolve.