Whether you swear by your Kirkland activewear or whether you are a Lululemon loyalist, this legal battle is stretching deep into the world of Intellectual Property.
Background
Lululemon, the Canadian athleisure giant known for its sleek design
and premium pricing, has filed a 49-page lawsuit in California
against Costco. The claim? That Costco has been selling low-cost
"dupes" of Lululemon's Scuba hoodies, Define jackets,
and ABC men's pants, without the necessary authorisation. Some
of these knockoffs reportedly sell for under USD20, compared to the
USD128 price tags of the originals.
Why does IP protection matter in fashion?
Fashion brands rely on a mix of trade marks, design patents, and
trade dress rights to protect their brand identity and unique look.
Unlike Europe, where design protection is more straightforward,
U.S. law makes it notoriously difficult to safeguard the "look
and feel" of clothing. Lululemon has therefore turned to a
combination of legal claims, including design patent infringement,
trade dress infringement, and unfair competition under the Lanham
Act.
The dispute
* Lululemon logo
Lululemon accuses Costco of profiting off "source
confusion." Their complaint? That some customers may believe
these Kirkland-branded items are somehow made or approved by
Lululemon, especially since Costco often uses the same
manufacturers behind big brands. The use of similar product names
and colour descriptions (like "Tidewater Teal") is also
flagged as a tactic that blurs the line between original and
imitation.
Lululemon is not just requesting money. They want a jury to stop
Costco from selling the alleged dupes and to remove any marketing
tied to the infringing products.
What's fuelling this?
Enter dupe culture. Influencers and Gen Z shoppers on platforms
like TikTok have embraced the idea of getting "the look for
less." Hashtags like #LululemonDupe have racked up
millions of views. While this drives hype, it also blurs consumer
perception, causing a major a headache for original creators trying
to protect their designs.
The conclusion
This is more than a fashion feud. It's a test case for how
brands like Lululemon can protect their products in an era where
design copying is rampant and "dupes" are a social trend.
If Lululemon wins, it may pave the way for stronger IP enforcement
in the U.S. fashion industry.
Will Costco stretch or snap under the pressure? We will be watching this one closely!
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