Vancouver-based Lululemon has filed suit in the US District Court for the Central District of California, alleging that Costco is offering “confusingly similar” replicas—commonly known as “dupes”—of its signature jackets, sweatshirts, and pants. The complaint states these products infringe on Lululemon’s patents, trademarks, and trade dress, and could mislead consumers into thinking they are purchasing authentic Lululemon items.
“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,”said,
Lululemon
What’s at Issue
The lawsuit highlights several Costco products Lululemon claims are knockoffs, including:
The “Hi-Tec Men’s Scuba Full-Zip” and other sweatshirts, which allegedly copy Lululemon’s SCUBA line Jackets and pants under Costco’s Kirkland and other private labels, said to mimic Lululemon’s Define jackets and ABC pants Use of trademarked color names such…
as “TIDEWATER TEAL” to market Costco’s versions Lululemon argues that Costco’s actions are “an attempt to confuse consumers at the point-of-sale and/or observers post-sale into believing that the ‘dupes’ are Plaintiffs’ authentic products when they are not.” The company seeks damages for lost profits and a court order to stop Costco from selling the disputed items.
The Broader Context The popularity of “dupes”—affordable alternatives to premium products—has surged on social media, with hashtags like #LululemonDupes trending on TikTok and Instagram.
Lululemon’s lawsuit draws a line between fair competition and unlawful copying, stating, “Lululemon files this action as part of its intellectual property enforcement efforts directed to retailers who have chosen to copy rather than compete.” What’s Next? Costco has not yet commented publicly on the lawsuit.
Some referenced products have reportedly been removed from its website, but Lululemon alleges similar items continue to appear. This case highlights the ongoing tension between high-end brands and retailers over intellectual property and the difference between inspiration and imitation in the fashion industry.
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