Lululemon is taking legal action against Costco, accusing the retail giant of selling knockoff versions of its popular clothing lines, including pants, jackets, and hoodies.
In a lawsuit filed Friday, the Canada-based athleisurewear brand claims Costco violated its design patents and copied the distinctive look of Lululemon’s ABC pants, Define jackets, and Scuba hoodies. The lawsuit also suggests Costco may be trying to confuse customers into believing Lululemon supplies these items for Costco’s private-label Kirkland brand.
“Costco has unlawfully traded upon Plaintiffs’ reputation, goodwill and sweat equity by selling unauthorized and unlicensed apparel employing knockoff, infringing versions of Plaintiffs’ well-known trade dress and design patents,” the lawsuit states.
The legal action comes after media reports from The Washington Post and The New York Times highlighted similarities between Lululemon’s products and those sold by Costco. Social media users have also fueled the popularity of so-called Lululemon “dupes” found at Costco.
Despite the comparisons, Lululemon maintains its products stand apart and says it intends to defend its intellectual property. The company is seeking to force Costco to stop selling the disputed items and is also demanding unspecified monetary damages.
“We take the responsibility of protecting and enforcing our intellectual property rights very seriously and pursue the appropriate legal action when necessary,” a Lululemon spokesperson said.
Costco has not yet publicly responded to the lawsuit.
