Lululemon is suing Costco over the wholesale retailer's athletic-wear, which it claims is confusingly similar to its "path-breaking" leggings, jackets and sweatshirts. According to the lawsuit, filed Friday in the U.S. District Court for the Central District of California [PDF], these items violate trademark law because "some customers incorrectly believe these infringing products are authentic Lululemon apparel."
The items at the center of the lawsuit include Lululemon's popular "Scuba" hoodies and sweatshirts, its "Define" jackets, and "ABC" stretch pants — that resemble khakis pants — for men.
Lululemon's Scuba hoodie retails for $118, while its Define jacket sells for $128. The ABC pants cost $128.
According to Lululemon, Costco's infringing products include:
Danskin Ladies Half-Zip Hoodie
Danskin Half-Zip Pullover
Jockey Ladies Yoga Jacket
Spyder Women's Yoga Jacket
Hi-Tec Men's Scuba Full Zip
Kirkland 5 Pocket Performance Pant
CBS News notes that Costco's item have already been widely noted for their "verisimilitude" and hashtags such as #luludupe are in use online. The Washington Post recently ran an article about them, cited in the lawsuit, titled "Is that hoodie Lululemon or a Costco dupe?"
A look through these items and it hits you how plain and generic they all are. It comes down to the exact cut of a pocket seam, the precise placement of belt loops, the exact shade of gray…
Previously:
• Marvel and DC lose trademark on 'superhero'
• Nintendo just lost a trademark fight with a tiny Costa Rican grocery store
• Crayola receives trademark on the earthy, leathery, clay-undertoned scent of crayons
