Lululemon - Costco Lawsuit Update: Which Items Are Alleged 'Dupes' of the Popular Sportswear Brand?

A major legal clash has erupted between luxury sportswear brand Lululemon and wholesale giant Costco, with accusations of counterfeit products flooding the courts. The dispute centres on claims that Costco's private label, Kirkland, is selling low-cost versions of Lululemon's popular athletic wear, including pants, hoodies, and jackets.

This legal battle highlights the ongoing fight over intellectual property and the rising market for copied items in the sportswear sector.

The Heart of the Dispute

Lululemon alleges that Costco's Kirkland line is peddling unauthorised copies of its high-end products. The Vancouver-based company claims that the retailer is selling 'dupes' that closely resemble its £128 (approximately $165) pants and other apparel at a fraction of the price. For example, a Lululemon Scuba hoodie retails for around £118 (£154), yet Costco's version is said to be available for about £6 (£8). The suit, filed in California, points out the similarities in design and branding, asserting that consumers could be misled into believing these cheaper versions are genuine.

Details of the Alleged Infringements

Lululemon's legal filing describes how some of its signature design features are being copied. The company highlights specific details, such as the distinctive lines across the chest and back of certain jackets, which it considers part of its intellectual property.

The lawsuit also mentions other brands like Jockey, Spyder, and Danskin that are involved in manufacturing these alleged knock-offs. The claim is that these products are deliberately crafted to be confusing, encouraging customers to think they are buying authentic Lululemon wear.

Legal Actions and Responses

Despite sending cease and desist notices, Lululemon states that Costco continues to sell the alleged infringing products. The company is now seeking a court order to stop Costco from importing, marketing, or selling these items. It is also demanding that any online or printed advertisements for the 'dupes' be removed and that Costco compensates for any financial losses caused by these sales. The company's spokesperson emphasised the importance of protecting its brand, especially given how much it invests in research and development.

Costco has yet to comment publicly on the lawsuit. The retailer's silence leaves the legal process to unfold while the court reviews the claims. This isn't the first time Lululemon has taken legal action over intellectual property. In 2021, it sued Peloton over similar issues but later settled the case with a partnership to sell branded clothing.

Legal experts like Elizabeth Dipchand note that the significance of such cases goes beyond simple imitation. She points out that small details, like the unique striping pattern on a jacket, can become protected identifiers. These small design signatures have become integral to brand identity and may warrant legal protection when copied. The stakes are high, especially as the market for counterfeit goods becomes more sophisticated and widespread.

The Market for 'Dupes' and Consumer Impact

In recent years, the trend for affordable alternatives has surged, partly driven by inflation and global economic uncertainty. Shoppers often turn to cheaper options to avoid paying premium prices, especially for items like athletic wear which can cost upwards of £100. Online communities and social media platforms share tips on where to find these knock-offs, making the phenomenon more visible than ever.

Lululemon's effort to combat this trend includes initiatives like a 'dupe swap' in 2023, encouraging customers to exchange cheaper lookalikes for authentic products. Such actions reflect the company's desire to preserve its brand integrity while acknowledging the practical realities of consumer behaviour.