South African media have recently reported growing concern within SARS about the online promotion of so-called “luxury dupes”. Dupes are short for “duplicates” and represent products that mimic well-known luxury brands and are often promoted on TikTok, Instagram and other social platforms, but at a fraction of the price. Although SARS is primarily responsible for tax and customs enforcement, it is widening its net to stop fake fashion and beauty products before they go viral. This shift is notable given the ongoing prevalence of counterfeit luxury products in South Africa and the expanding role of influencers in driving online sales.

From an intellectual property perspective, several legal frameworks become relevant. These include trade mark infringement under the Trade Marks Act, criminal offences under the Counterfeit Goods Act, copyright infringement and broader consumer-protection and e-commerce rules. Understanding these frameworks is key for influencers, brand owners and advisors.

Trade mark infringement occurs when someone uses a mark that is identical or confusingly similar to a registered trade mark in a way that may mislead consumers. Rights holders can seek court orders, damages and the destruction of infringing goods. The Counterfeit Goods Act goes further by creating criminal offences for making, importing or distributing counterfeit goods meaning goods that bear a trade mark that is identical or nearly identical to a registered mark without permission. Penalties can include fines and imprisonment.

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Not all imitations are illegal

Copyright protection is also relevant, although it is often overlooked. In South Africa, copyright-protected works may be recorded with Customs under the Counterfeit Goods Act, enabling customs authorities to detain and seize imported goods that infringe copyright, even where no trade mark is copied. This can include unauthorised reproductions of artistic works such as prints, patterns, packaging artwork, surface decorations or other copyright-protected artistic elements. As a result, goods may be intercepted at the border on the basis of copyright infringement alone, extending enforcement beyond traditional trade mark counterfeiting.

It is important to distinguish between counterfeit goods and dupes or look-alike products. Not every imitation of a luxury item is illegal. Products that mimic a style without copying trade marks, logos or distinctive brand elements are generally lawful. Think “inspired by” rather than “pretending to be”. However, goods that copy branding or overall get-up in a way that is likely to mislead consumers amount to infringement. South African courts have confirmed that even simple design elements such as patterns or stripes can infringe a well-known brand if they take unfair advantage of its reputation.

Risks of luxury dupes

Influencers face serious legal and reputational risks. Anyone promoting goods that use unauthorised trade marks, or suggest an association with a luxury brand, may be liable even if they were unaware the goods were counterfeit. As authorities ramp up scrutiny of imported items, influencers partnering with overseas suppliers or affiliate programmes must take extra care to verify the authenticity and lawful origin of everything they promote.

For brand owners, this evolving landscape demands robust enforcement. Key strategies include registering trade marks, recording copyright and trade marks with Customs, leveraging section 15 schedules under the Counterfeit Goods Act to assist customs authorities and monitoring online platforms and influencer activity.

For many consumers, high-end brands feel out of reach, so dupes promise the same style at a fraction of the cost. However, consumers are not immune to the risks. Counterfeit goods are often unsafe, poorly made and offer no recourse if they fail. Purchases from unverified online sellers may never arrive if the goods are seized by authorities. Vigilance is therefore critical.

In short, the growing attention on influencers and luxury dupes reflects the intersection of trade marks, copyright, counterfeit enforcement and digital marketing. Authenticity matters and proactive risk management is essential for influencers, rights holders and consumers alike.