The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit Cosmetics’ popular Roller Lash mascara. This case offers key lessons for beauty brands looking to protect their intellectual property.

Much like how grocery store shelves are stocked with name-brand cereals and nearly identical-looking store-brand versions, the beauty world has its own version of this dynamic. But just because a product looks familiar doesn’t mean it’s necessarily breaking the law—at least when it comes to trademark and trade dress protection.

1. Dupes Aren’t Automatically Illegal

Taking inspiration from a product isn’t the same as infringing it. This case was about trademark and trade dress—things like a product’s name, packaging, and overall aesthetic. To defend against copycat claims, brands should:

• Document independent product development
• Maintain clear, unique brand elements
• Keep records of design and branding decisions
• Consider patent protection for their innovative products

2. Consumer Confusion Can Be The Dealbreaker

Benefit’s Roller Lash has over $300 million in sales—but they still couldn’t prove that e.l.f.’s Lash ’N Roll confused shoppers. Just like how people know that a store-brand cereal isn't actually Cheerios, beauty consumers can often tell the difference between a dupe and the real deal. With the two products coexisting for two years and e.l.f. selling over 2.1 million units without any reported confusion, the court found it hard to justify an infringement claim.

3. Product Differentiation = Legal Protection

Even lookalike products can pass the legal test if they’re distinct enough. The court highlighted:

• Different meanings and overall commercial impressions of the marks
• Different shades of signature colors
• Unique packaging
• Clear branding and secondary packaging variations

4. Know Your Market

Today’s beauty shoppers are savvy. They research, read reviews, and follow influencers. The court recognized that both parties view shoppers as sophisticated, shaped by extensive marketing, social media, and influencer content, making it unlikely that consumers would be easily deceived.

The Bottom Line?

Winning in court (and in the market) isn’t just about fighting dupes—it’s about smart branding, strong differentiation, and understanding how modern consumers shop.

Trademarks protect a brand’s identity, but they don’t block lookalikes unless there’s a real risk of consumer confusion.  That said, brands can still take legal action when a dupe crosses the line into deception.

Just like with grocery store brands, shoppers usually know when they’re buying a dupe—and they often choose it on purpose.  For companies looking to protect not just branding but specific design elements or product functionality, patents can offer a stronger shield.