International sportswear brand, Lululemon, has issued proceedings in a California Court against wholesale retail chain Costco on the basis of trade mark infringement, unfair competition, patent infringement, and violation of Californian statutory business practices.
Lululemon’s claim is based on Costco’s sale, and in one case manufacture, of items that it alleges deliberately copy some of Lululemon’s most popular items, including its ‘Scuba’ sweatshirts, ‘Define’ jackets’, and ‘ABC’ pants. Lululemon is reportedly seeking a payment in damages from Costco on the basis of lost profits and “significant harm” done to its brand as a result of Costco’s sale of the alleged “dupes”.
Whether Lululemon will be successful in its claim remains to be seen. This dispute is yet another example of the growing prevalence of ‘dupes’ and copycat merchandise, particularly across the US, and demonstrates the importance of securing the necessary protection for your brand and products.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
