See how Lululemon items compare to Costco 'dupes' claimed in lawsuit
Lululemon filed the lawsuit in the U.S. District Court in Central California on June 27. It alleges that Costco's in-house Kirkland Signature brand infringed on its trademarks, trade dress and design patents, and caused "significant harm" to its brand. The company is seeking unspecified monetary damages for lost profits and a halt to Costco's production and marketing of the copied items, which allegedly include hoodies, jackets and pants.
Here's a closer look at the Lululemon clothing items in question:
The Lululemon items cited in the lawsuit include "Scuba" hoodies, "Define" jackets, and "ABC" pants. The company alleges that an "ordinary observer" would not be able to tell the difference between the two brands in the lawsuit. Costco's products cost significantly less than Lululemon clothing. A Lululemon 'Scuba' hoodie sells for $99 to $118 on the company's website, the lawsuit says, while the Costco item costs $8.
The "Scuba": An oversized half-zip hoodie features finger holes in the sleeves and a kangaroo pocket in the front. It retails between $99 and $118 on Lululemon's website, and its alleged Costco "dupe" called the "Danskin Half-Zip Pullover" retails for $8.
The "Define" jacket: A full-zip jacket features shaping lines on the front and back to accentuate the wearer's waist. It retails at $128 on Lululemon's website, and the alleged Costco "dupes" called "Jockey Ladies Yoga Jacket" or "Spyder Women's Yoga Jacket" retail for $22.
The "ABC" men's pants: Features five pockets, ornamental lines and a four-direction stretch. They retail at $128 on Lululemon's website, and its alleged Costco "dupe" is called the "Kirkland 5 Pocket Performance Pant" retails at $10. Here's what the court documents show:
In addition to the articles of clothing, Lululemon alleges that Costco stole its "Tidewater Teal" color, a popular color offered among several of Lululemon's clothing items.
What is Costco's Kirkland brand?
Costco's Kirkland Signature brand is its flagship private-label brand launched in 1995, named after Kirkland, Washington, where its headquarters were formerly located. According to the Wall Street Journal, Kirkland items account for about a third of Costco's revenue and brought in $86 billion last year.
Though Costco sells name-brand items, it frequently features a Kirkland-branded item next to the name-brand at a lower cost, similar to Walmart's "Great Value" line.
The lawsuit stated that Costco is "known to use manufacturers of popular branded products for its own KIRKLAND® 'private label' products" and that the practice could lead consumers to believe Kirkland products are made by the same suppliers of the original items. The lawsuit claims Costco "does not dispel this ambiguity."
Reporters for this story reached out to both companies but did not receive a response by the time of initial publication. In previously reported stories a Lululemon spokesperson told USA TODAY "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,"
Note: USA TODAY is mentioned once in the lawsuit as covering Lululemon products but is not an involved party in the lawsuit.
CONTRIBUTING Greta Cross, George Petras
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