Kmart shoppers divided over $10 dupe of $665 clothing item: 'Bought both colours'

Kmart shoppers usually rave about the retailer's dupes, but a recent debate has some customers wondering if perhaps the budget retailer has gone too far. The controversy arose after a content creator spotted a Kmart ‘dupe’ for a popular designer Loewe tank top.

The Kmart version costs just $10 while the designer version retails for an eye-watering $665. However some shoppers are wondering if it’s “legal” and if the budget retailer should be “cancelled” for producing such a similar item.

The Loewe Anagram tank top in cotton is a simple lower-cut shape while Kmart’s version has a higher neck, but both tanks have a small logo in the middle of the chest area. Kmart’s tank is slightly different from the Loewe logo – which Dr. Ben Hopper, Deputy Director of the Intellectual Property Research Institute of Australia tells Yahoo Lifestyle is trademarked – presumably so the budget retailer can get away with their ‘dupe’.

How does Kmart get away with creating ‘dupes’?

Dr. Hopper explained to Yahoo Lifestyle that because Loewe has their logo trademarked, they have the “exclusive right to use that trademark” in the “course of trade for clothing”.

“If we look at the Kmart version, it’s quite similar – the Kmart logo on the tank top – and it’s also placed in the same position. So there’s a question there of whether or not by selling that tank top Kmart has used a substantially identical or deceptively similar mark to the registered mark in the course of trade, and if they have, that’s trademark infringement,” he says.

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However, because it’s becoming so common for companies to create ‘dupes’ – Aldi and MCoBeauty are also known for this – the budget retailer made sure their logo wasn't identical to Loewe’s.

“[Businesses] might create [or] copy things that are reminiscent of [another] brand’s product, but [are also] careful to stay on the non-infringing side of the line… doing it in such a way under the advice of lawyers no doubt, that they don’t actually cross a line into misleading conduct or into trademark infringement,” Dr. Hopper tells us.

He also notes that Australian Consumer Law, Section 18, states that “people must not in trade or commerce engage in conduct that is misleading or deceptive or likely to mislead or to deceive”.

One could argue that by Kmart selling such similar tank tops to Loewe, customers could believe the two brands have a business connection, or that Kmart’s product was a Loewe brand.

However, this is unlikely to stick, because consumers are very aware of duping culture now. It’s difficult to deceive customers into believing they are buying a $665 designer item for just $10 – instead, Kmart is likely to have shoppers who are actively looking to purchase a ‘dupe’.

Kmart shoppers divided over Loewe dupe

Ola, who goes by the handle @worldola on TikTok, started a conversation about the dupe online and asked: “Who did [it] better: Kmart or Loewe? How is this legal?” The video has racked up over 167,000 views and has attracted many comments. As it turns out, some believe Kmart has gone too far with this particular item.

“Can we start cancelling Kmart now? They are becoming so cringe,” one person wrote.

“No one can ever convince me to like Kmart clothes,” another agreed.

However, the majority of shoppers were more outraged by the cost of Loewe’s item and were pleased Kmart was offering an alternative.

“The Kmart one is actually so good that I bought both colours,” one person admitted.

“[It’s] a nicer singlet cut which is crazy because it’s so much cheaper,” another added.

“I have two Loewe singlets and they are okay but I also love a bargain so put these bad boys in my trolley too,” a third wrote.

Why is the Loewe version so expensive?

In this cost of living crisis, spending $665 on a simple tank top seems outrageous to many Aussies. Professional stylist Melissa Boyle tells Yahoo Lifestyle the wild price tag is attached to Loewe for a number of reasons.

“International brands such as Loewe position themselves at the higher end of the market and have an extremely high marketing budget, as the majority of celebrities would be gifted pieces to wear or celebrities wear them from press rack rotation via stylists,” she explains.

“Which in turn advertises the brand and runway looks for the season, hence the over-the-top price. [There’s also only a] limited number [of each piece] worldwide, therefore [making it] a prestigious feel and not easily attainable.”

The differences between this Loewe tank top and Kmart’s version can also be seen by the types of material used. Loewe’s item is a cotton jersey, which is a “higher quality” than Kmart’s ‘dupe’.

“[It has a] nicer feel on the skin and the fabric would hold its colour and shape extremely well, lending the item to last in your wardrobe for many years. It’s a classic. This is not a piece you would be discarding as it’s a staple for your wardrobe,” she tells us.

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Kmart’s tank is made from a thicker ribbed cotton, and she expects the fabric would lose its shape and the colour would fade “over a season or two”. It would likely get thrown out after this and make its way to a landfill, due to the nature of fast fashion.

“Fast fashion brands such as Kmart give their customers a way of attaining the ‘feel’ of the international designer brand without the unattainable price tag,” she adds.

“Which of course, is what fast fashion is all about. But at what cost to the environment?”

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