Lululemon has filed a federal lawsuit against Costco, accusing the wholesaler of selling “dupes” that infringe on the athleticwear brand’s patent and trademark rights.
Filed in the US District Court for the Central District of California, the lawsuit claims that Costco’s Kirkland Signature-branded sweatshirts, jackets, and pants unlawfully mimic Lululemon’s popular Scuba hoodies, Define jackets, and ABC pants.
Lululemon said the similarities are “likely to confuse” consumers into thinking the products were made by or for Lululemon.
The complaint references media coverage from outlets including The New York Times and The Washington Post, which noted the resemblance between the two brands’ apparel.
“One of the purposes of selling ‘dupes’ is to confuse consumers,” the lawsuit states.
The company is seeking monetary damages and a court order blocking Costco from selling the allegedly infringing items. Costco has not yet responded publicly to the complaint.
Case details: Lululemon Athletica Canada Inc v. Costco Wholesale Corp, No. 2:25-cv-05864.
Lululemon is represented by Ali Razai and Brandon Smith of Morgan Lewis & Bockius.
Costco’s legal representation has not yet been disclosed.
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