Perfume dupes, that is, imitations or more affordable alternatives to well-known designer perfumes, occupy a legal grey area. In principle, scents themselves are not protected by copyright or patents, as it is difficult to define a specific fragrance composition as intellectual property. It is therefore legal to analyse a perfume and create a similar fragrance blend.
However, there are legal limits, particularly in trademark and competition law. It becomes problematic when a dupe manufacturer uses protected brand names, logos or packaging designs, or markets its product in such a way that it can be confused with the original. This could constitute trademark infringement or unfair competition. It is likewise impermissible for a company to explicitly advertise with the name of the original, for example “Dupe of Chanel No. 5”, as this could be considered unfair exploitation of the original’s reputation.
In summary, perfume dupes are legal in themselves as long as they do not infringe protected trademark rights or mislead consumers about their origin.
