Overview

• The complaint filed June 27 in California federal court names Costco Wholesale Corp. as defendant and notes the retailer has yet to respond to the allegations
• Lululemon alleges infringing versions of its Scuba hoodies, Define jackets and ABC pants are sold under Costco’s Kirkland private label and by third-party brands Danskin, Jockey and Spyder
• The lawsuit claims consumers have been misled into believing the lower-priced items are authentic Lululemon products or choose them for their near-identical design
• After cease-and-desist letters went unanswered, Lululemon is seeking an injunction to halt manufacture, import, marketing and sales of the alleged dupes, removal of related advertising, recovery of lost profits and a jury trial
• The case underscores the surge of “dupe” culture on social media as inflation drives shoppers to cheaper lookalikes and highlights Lululemon’s history of enforcing its trade dress and design patents