Lululemon Costco lawsuit involves ‘dupes’ for sale
Lululemon has filed a lawsuit against Costco that accuses the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure clothing.
Lululemon Costco lawsuit
Dig deeper:
Lululemon Athletica claims in its lawsuit filed in the U.S. District Court for the Central District of California that Costco has "unlawfully traded" on its reputation, goodwill and sweat equity by selling unauthorized and unlicensed apparel that uses knockoff, infringing versions of its patents.
What they're saying:
Costco, based in Issaquah, Washington, did not immediately respond to The Associated Press’ request for comment on Tuesday.
FILE - Clothing at a Costco store in Teterboro, New Jersey, US, on Wednesday, Feb. 28, 2024. Photographer: Stephanie Keith/Bloomberg via Getty Images
Which products are "dupes"?
Big picture view:
The lawsuit claims the following Costco products infringe upon Lululemon’s apparel patents:
- Danskin Ladies Half-Zip Hoodie
- Danskin Half-Zip Pullover
- Jockey Ladies Yoga Jacket
- Spyder Women's Yoga Jacket
- Hi-Tec Men's Scuba Full Zip
- Kirkland 5 Pocket Performance Pant
What they're saying:
Lululemon says in the lawsuit that these products are protected by patents known as the Define, Scuba and ABC trade dresses, which it alleges are violated by some of Costco’s apparel.
"There is even a hashtag "LululemonDupes" on social media platforms such as TikTok that social media influencers use when promoting these copycat products," the lawsuit alleges.
Lululemon also says Costco sold some of its products using the phrase "Tidewater Teal," which is a popular and limited color exclusive to Lululemon.
DEFINE Trade Dress:
These jackets have visible mirroring curved decorative lining on the front and back
SCUBA Trade Dress:
Sweatshirts and hoodies have a curved kangaroo pocket on the front where the top of the pocket is narrower than the bottom, and visible ornamental lining from the neck line toward the underarm.
ABC Trade Dress:
These pants are made of synthetic, flat, semi-matte appearance, and have visible ornamental lines in the crotch region, above the rear pockets, and below the front pockets.
What's next:
Lululemon is requesting a jury trial and wants Costco to stop selling the products that it considers to be duplicates. It is also seeking an unspecified amount in monetary damages.
Lululemon Peloton lawsuit
The backstory:
Luluemon was in a similar legal dispute with Peloton in 2021. Two years later the companies announced a five-year partnership that included Lululemon becoming the primary athletic apparel partner to Peloton.
The Source: Information in this article was taken from a June 27, 2025, lawsuit filed in the U.S. District Court for the Central District of California, as reported by The Associated Press. Background information also came from The Associated Press. This story was reported from Detroit.