Five Below’s rise as a go-to destination for low-cost, trendy finds has made it a standout in the value retail sector. As their shelves fill with budget-friendly takes on viral products, the retailer’s dupe-driven strategy is starting to come at a price. Now, Five Below is finding itself in hot water as its “inspired” products are drawing legal scrutiny. This week’s BL Business Branding Newsletter dives into a growing wave of intellectual property lawsuits alleging that Five Below crossed the line from on-trend to full-on copying.
In recent months, Five Below has been sued over alleged knockoffs spanning drinkware, beauty, collectibles, seasonal décor, and jewelry, proving that no aisle is off-limits. The claims include design patent infringement, trade dress infringement, trademark claims, and copyright violations.
Several of these disputes focus on product categories where shape and packaging do the heavy lifting as brand identifiers. In one case, Pacific Market International, the owner of Stanley 1913, alleges that Five Below infringed design patents and trade dress tied to the distinctive look of its Quencher and IceFlow tumblers. According to the complaint, Five Below sold lookalike drinkware under names like Hyperquench, Hydraquench, HydraSip, and Hydrachug — and allegedly kept selling them even after receiving a demand letter.
The beauty industry isn’t staying glossy and silent either. In a lawsuit filed in June 2025, Supergoop claims that Five Below’s private-label “SUGARGIRL!” sunscreen copies the look and feel of Supergoop’s packaging, from bottle shape to color palette to logo styling. Supergoop also alleges that Five Below mimicked its registered GLOWSCREEN trademark with a competing product called “GLOWY FACE SCREEN”, a move the brand says went beyond coincidence and into copycat territory. According to the complaint, the products were manufactured by Five Below’s private-label supplier and continued to be sold even after a demand letter was sent.
Beyond traditional consumer goods, Five Below is also facing copyright claims tied to creative and collectible products. Dreams USA, Inc., the maker of Sonny Angel figurines, alleges that Five Below sold toys and packaging that copied the copyrighted designs of its collectibles after unsuccessful attempts to become an authorized retailer, turning a missed partnership into a legal battle.
What Can Businesses Learn From This?
The lawsuits against Five Below reflect just how fast dupe culture has moved beyond beauty and into nearly every retail category. While consumers may love a dupe, courts are increasingly focused on protecting product design, packaging, and creative expression. For retailers and brands, these cases are a reminder that trend-driven success can be fleeting, and that without careful intellectual property management and enforcement, inspiration can quickly turn into infringement. After all, saving a few bucks upfront isn’t much of a bargain if it leads to a costly legal bill down the road.
Need guidance on how to protect your brand? Reach out to our BL Trademark Team by contacting Seth Berenzweig at sberenzweig@berenzweiglaw.com.