Lululemon filed a lawsuit against Costco, charging the warehouse club is selling “confusingly similar” replicas of its jackets, sweatshirts and pants.
In a lawsuit filed Friday in the U.S. District Court for the Central District of California, Lululemonclaims that certain Costco products imitate its own designs so closely that it constitutes “trade dress” infringement, which occurs when a product mimics another so closely that it confuses consumers.
The lawsuit targets several Lululemon staples, including the Scuba hoodies, Define jackets, and ABC pants, some of which are allegedly sold under Costco’s in-house Kirkland Signature label, according to Reuters.
Other copycat items, according to Lululemon, are manufactured by third-party brands such as Danskin, Jockey, and Spyder but still sold in Costco stores.
The complaint argues that the lookalike products are confusing customers and damaging Lululemon’s reputation in the marketplace.
“Some customers incorrectly believe these infringing products are authentic Lululemon apparel,” the lawsuit states, “while still other customers specifically purchase the infringing products because they are difficult to distinguish from authentic Lululemon products, particularly for downstream purchasers or observers.”
Lululemon says it previously issued cease and desist letters to Costco, but alleges the retailer continued to sell the alleged infringing items.
The brand is seeking an order to stop Costco from manufacturing, importing, advertising, and selling the alleged dupes. It also wants Costco to pull all ads that promote the products and is asking for compensation for lost profits. Lululemon has requested a jury trial.
Photo courtesy Lululemon
