Lululemon Athletica Canada Inc. is alleging Calvin Klein Inc and G-III Apparel Group Ltd infringed on three U.S. patents for its popular yoga pants in a lawsuit filed in the U.S. District Court for the District of Delaware.
Lululemon, a Vancouver, BC-based company with 108 stores in the United States, alleges both companies infringed up to three U.S. patents when G-III made the pants for Calvin Klien, which sold them.
In a July letter, Lululemon warned Calvin Klien that its knee length running tights marketed under the Performance brand violated all three patents, including two issued in June. G-III responded to the letter within weeks.
Lululemon is seeking an injunction prohibiting further infringement and enjoining G-III from further manufacture, sale or importation of the pants. The lawsuit, filed by DLA Piper LLP of Wilmington, DE, also seeks damages “adequate to compensate for such infringement, including, but not limited to, lost profits, a reasonable royalty award, disgorgement of the profits received by Defendants, treble damages, costs, pre and post judgment interest at the maximum allowable rate, attorneys’ fees, and such other and further relief this Court deems just and proper.”
