Lululemon has sued Under Armour for allegedly copycatting patented designs belonging to Lululemon without its permission.
According to the lawsuit filed Friday in US District Court for the District of Delaware, the patented bra designs features four interwoven segments of fabric, two of which extend from each shoulder. The two patents and trade dress protection cover its popular and “innovative” Energy Bra.
Lululemon said in the complaint, “An ordinary observer will perceive the overall appearance of the designs of the infringing products to be substantially the same as the overall appearance of the designs of the patent-in-suit.”
It added, “The infringing products are so similar in design to the trade dress that they are likely to cause confusion, mistake, and deception as to the source of origin of the infringing goods among consumers.”
Lululemon is seeking a permanent injunction preventing Under Armour from selling the allegedly infringing products, an award of damages, and a jury trial.
Photo courtesy Lululemon
