Lululemon accuses Costco of selling ‘unauthorized’ versions of its $128 pants

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"Lululemon Files Lawsuit Against Costco Over Alleged Sale of Knockoff Apparel"

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Lululemon has initiated legal action against Costco, alleging that the retailer is selling unauthorized versions of its high-priced athleisure wear, including pants priced at $128. The lawsuit, filed on Friday in California, accuses Costco of unlawfully capitalizing on Lululemon's established reputation and brand equity by offering knockoff apparel under its private-label Kirkland brand. According to Lululemon, the products sold by Costco are designed to closely resemble their own, which misleads consumers into thinking they are purchasing authentic Lululemon items. The lawsuit highlights significant price discrepancies, noting that while Lululemon's Scuba hoodie retails for $118, a similar item from Costco is offered for approximately $8. This disparity underscores the claim that Costco's products are infringing on Lululemon's intellectual property rights.

In its complaint, Lululemon emphasizes the importance of protecting its brand and the investments made in product development and design. The company argues that the proliferation of these 'dupes' creates confusion among consumers, who may mistakenly believe they are buying genuine Lululemon merchandise. Lululemon is seeking to recover financial damages from Costco, though the exact amount has not been specified. The lawsuit adds to Lululemon's history of legal challenges, as the brand previously sued Peloton for similar issues, although they later resolved their differences and collaborated on product offerings. Amidst these legal disputes, Lululemon has also adjusted its financial outlook, citing a challenging market environment characterized by reduced customer foot traffic in U.S. stores, tariff impacts, and increased competition from emerging athleisure brands. The company's stock has seen a significant decline of 37% this year, reflecting these ongoing challenges in the retail landscape.

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Lululemon is suing Costco, alleging that the discount wholesaler is sellingknockoffsof its $128 pants and other pricey athleisure clothing.

In a lawsuit filed Friday, Lululemon said Costco has “unlawfully traded” on the athleisure brand’s “reputation, goodwill and sweat equity by selling unauthorized and unlicensed apparel employing knockoff, infringing versions” of its products.

Specifically, the Vancouver-based athletic apparel maker says Costco’s private-label line Kirkland is selling similar pants, hoodies and jackets at a fraction of the price. The company accuses Costco of leading customers into believing that the Kirkland-branded “dupes are in fact manufactured by the authentic supplier of the ‘original’ products.”

In the49-pagelawsuit filed in California, Lululemon shows the alleged design similarities of its products with Costco’s, as well as the price differences. One example in the lawsuit is that Lululemon sells a Scuba hoodie for $118, while a Costco version sells for about $8.

Costco didn’t immediately respond to CNN’s request for comment.

In a statement to CNN, Lululemon said 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.”

Lululemon said that “one of the purposes of selling ‘dupes’ is to confuse consumers … into believing that the ‘dupes’ are (Lululemon’s) authentic products when they are not.”

Lululemon is seeking to “recover fully” the financial losses by seeking an unspecified amount of monetary damages as well as asking a court to demand that Costco to stop selling these products.

The retailer has sued others before. In 2021,Lululemon sued Pelotonfor allegedly making similar-looking apparel. Two years later, the companies patched up their relationship and partnered to sellbranded clothing.

Lululemon recently cut its full-year guidance citing a “dynamic macroenvironment” that includes a decline in visits to its US stores, the impact of tariffs and rising competition from other brands, such as Vuori and Alo.

Shares of Lululemon (LULU) are down 37% for the year.

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Source: CNN