Canadian clothing company Lululemon filed a lawsuit in the U.S. District Court for the Central District of California, accusing Costco Wholesale Corp. of selling unauthorized copies of its patented athleisure clothing products. Lululemon alleges that Costco sold the copied clothing under the Kirkland Signature label and third-party brands.
The athletic-wear giant, Lululemon, named several alleged look-alike items, such as its Scuba hoodies and sweatshirts, Define zip-up jackets, and ABC pants, claiming they were priced significantly lower, often just a fraction of the originals.
The
lawsuit outlines several U.S. trademarks and design patents held by Lululemon, claiming that Costco’s products infringe on the brand’s protected intellectual property. Lululemon argues that the sale of lookalike items has caused marketplace confusion and diluted its brand identity.
To support its case, the company alleges the viral spread of the hashtag “LululemonDupes” on platforms like TikTok, where influencers promote similar-looking apparel at significantly lower prices.
The filing also
references media coverage comparing the two brands, such as a New York Times Wirecutter article titled “Are These $20 Costco Pants a Lululemon Dupe?” which compares Kirkland Signature’s 5-Pocket Performance Pants to Lululemon’s ABC version. Additionally, it notes a Washington Post story headlined “Is That Hoodie a Lululemon or a Costco Dupe? No One Has to Know But You.”
At the heart of Lululemon’s argument is the charge that Costco has “unlawfully traded on [Lululemon’s] reputation, goodwill and sweat equity” by offering these alleged knockoffs. The complaint includes side-by-side images of the Kirkland versions alongside Lululemon originals, asserting that the resemblance is enough to confuse consumers into thinking they are buying authentic Lululemon products.
“As an innovation-led company that invests significantly in the research, development, and design of our products, we take the responsibility of protecting and enforcing our intellectual property rights very seriously and pursue the appropriate legal action when necessary,” a spokesperson with Lululemon
stated to the media. In addition to requesting that Costco stop copying their desgins, t
he company is seeking a trial by jury and to recover all losses—demanding any profits Costco may have earned from the sale of the disputed clothing. Costco has not issued a public statement since the lawsuit was filed on June 27.
According to Patexia, a leading online database specializing in intellectual property and litigation data, Lululemon has secured approximately 174 patents and registered 131 trademarks since 2020. Since 2020, the company has been involved in at least 25 litigations related to patents and trademarks.
