Overview

• On June 27, Lululemon filed a 49-page complaint in the U.S. District Court for the Central District of California, accusing Costco’s Kirkland and related labels of copying its Define jackets, Scuba hoodies and ABC pants.
• The lawsuit highlights Costco’s use of trademarked marketing terms such as “Tidewater Teal” and ornamental design elements that Lululemon says are proprietary.
• Most of the products named in the complaint have been pulled or made unavailable on Costco’s website, and the retailer has yet to file a formal response.
• Lululemon is pursuing trade-dress, design-patent and copyright claims to challenge the fashion industry’s narrow intellectual-property safeguards for apparel designs.
• Social-media reactions overwhelmingly favor Costco, underscoring the normalization of low-cost “dupes” and consumer pushback against premium pricing.