Lululemon Sues Costco Over Dupes

 

Los Angeles, CA | June 27, 2025 – Athletic apparel giant Lululemon has filed a federal lawsuit against wholesale retailer Costco, accusing it of selling "knockoff" versions of its popular clothing designs under the Kirkland Signature brand and infringing on its intellectual property rights.

The Allegations:
Lululemon's complaint, filed in the U.S. District Court for the Central District of California, claims Costco is unlawfully copying the designs of three key Lululemon products:

Scuba Hoodies: A core Lululemon fleece staple.

Define Jackets: Known for their sleek, sculpting fit.

ABC Pants: Popular men's anti-ball crushing pants.

Lululemon asserts these Kirkland items constitute patent and trademark infringement. The lawsuit argues the similarities are so pronounced that they are "likely to confuse potential customers" into believing Lululemon manufactured the items for Costco's private label.

Consumer Confusion Central to the Case:
The lawsuit explicitly references media coverage (citing The New York Times and The Washington Post) labeling Costco's items as "dupes" of Lululemon's products. It states, "Indeed, one of the purposes of selling 'dupes' is to confuse consumers" into thinking they are purchasing the authentic Lululemon items.

Lululemon's Stance:
"We take the responsibility of protecting and enforcing our intellectual property rights very seriously and pursue the appropriate legal action when necessary," a Lululemon spokesperson stated.

What Lululemon Wants:

Unspecified Monetary Damages: Compensation for the alleged infringement.

Permanent Injunction: A court order forcing Costco to immediately cease selling the accused Kirkland Signature sweatshirts, jackets, and pants.

Legal Details:

Case Name: Lululemon Athletica Canada Inc v. Costco Wholesale Corp

Case Number: 2:25-cv-05864

Court: U.S. District Court for the Central District of California

Lululemon's Attorneys: Ali Razai and Brandon Smith of Morgan Lewis & Bockius

Costco's Attorneys: Information not yet available in court records.

This lawsuit highlights the ongoing tension between premium brands and retailers offering lower-priced alternatives often labeled as "dupes." Lululemon has a history of aggressively defending its designs, having previously sued Peloton over alleged copying of its sports bra and legging designs. The outcome could set a significant precedent regarding the legal boundaries of "dupe" products in the competitive athletic wear market. Costco has not yet publicly commented on the lawsuit.

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