Lululemon is almost literally looking to sue his pants from Costco.
In a lawsuit filed Friday, the Canadian-based Athletewear Company alleged that Costco is violating its patent by selling “imitation” versions of its pants as well as hoodies and jackets.
“Costco has illegally traded the plaintiff’s reputation, goodwill and fairness of sweat by adopting an infringing version of the plaintiff’s famous trade dress and design patent (“infringing product”) to sell fraudulent and unauthorized apparel.
Lululemon’s lawsuit specifically accused Costco of selling items that infringed the design of the ABC pants line, the jacket line of its definition, and the scuba line zip-up and hoodie lines.
Lululemon also argues that Costco may be intentionally trying to “disrupt” customers to believe that Lululemon is supplying Costco clothing for sale under the latter “private label.”
In addition to forcing Costco to suspend sales of “imitations” or “dupe” (as the lawsuit mentions), Lululemon seeks unspecified financial damages.
Costco representatives did not immediately respond to requests for comment.
Costco has been accused of selling “imitations” or “Dupée” of Lululemon’s clothing. (John Keeble/Getty Images)
Lululemon’s lawsuit also follows the Washington Post article and the New York Times (both cited in court documents). In a Wapo article published in January, the author noted that social media users were warning followers to “Dupes” on their account, Lululemon.
“People just eat it,” one of them told the outlet.
In an article in the NY Times published in April, the author pointed out some similarities between the ABC Pants and the Kirkland (Costco) version, but ultimately found that Lululemon’s thing is “more thoughtful and designed.”
Still, Lululemon appears to be trying to show off Costco wearing pants in the athletic retail world.
“We are responsible for protecting and enforcing intellectual property rights very seriously and pursue appropriate legal action when necessary,” a Lululemon spokesman told Reuters.
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