ARTICLE
2 July 2026

Carpmaels in Conversation: Ep. 41 – IP challenges in the age of social media (Podcast)

Social media platforms like TikTok and Instagram have fundamentally transformed product marketing and consumer access, but this digital revolution has brought significant intellectual property challenges. How can brand owners protect their trademarks and reputation when counterfeits proliferate through influencer marketing, "dupe" culture blurs the line between legitimate competition and infringement, and upcycled products create both opportunities and risks?
United Kingdom Intellectual Property
Lara Elder’s articles from Carpmaels & Ransford LLP are most popular:
  • within Intellectual Property topic(s)
  • in United States
Carpmaels & Ransford LLP are most popular:
  • within Intellectual Property topic(s)

Episode overview

Social media has reshaped how products are discovered, promoted and sold, creating new marketing opportunities for brand owners and unprecedented access for consumers. Platforms such as TikTok and Instagram have also changed how authenticity is perceived and valued, and influencer marketing has contributed to the growth of online counterfeiting and accelerated consumer demand for “dupes”  and “upcycled” products.

In this episode of Carpmaels in Conversation, our speakers address the IP challenges arising from this shift. They discuss the problem of counterfeits in social commerce, “dupe” culture and the increasingly blurred legal boundaries between legitimate and unfair competition, and how upcycling creates reputational risks and rewards for brand owners. Drawing on recent studies and case law, platform enforcement tools and real‑world examples, the episode explores how brand owners can navigate these issues in a fast‑moving and highly visible digital environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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