Luxury athletic clothing retailer Lululemon is accusing retail giant Costco of trademark and trade dress infringement over their alleged in-house duplicates.
(Designed by H&CO)
Snag in the Seams
Lululemon filed the lawsuit on June 27, 2025, in the U.S. District Court for the Central District of California. It alleges that Costco’s in-house brands have been selling duplicates of some of Lululemon’s best-selling products. Lululemon claims this infringement has caused “significant harm” to the company and is demanding an end to all production and marketing of the items, along with unspecified monetary compensation. “As of this article’s publication, Costco has not responded.”
(Lululemon Define Jacket: https://shop.lululemon.com/p/jackets-and-hoodies-jackets/Define-Jacket-Nulu-MD/_/prod11210211?color=70135)
Dupes?
There’s no doubt that Lululemon’s product lines have broken market records with their wide celebrity endorsements and multi-purpose functionality. But as with many sought-after and trendy items, duplicates often enter the market. Among the products allegedly copied were Lululemon’s “Scuba” hoodies, “Define” jackets, and “ABC” pants. Costco’s in-house brands accused of producing these knock-offs are Spyder and Kirkland, both of which sell the items at significantly lower prices.
(Spyder Women’s Yoga Jacket: https://www.costco.com/spyder-women%27s-yoga-jacket.product.4000311274.html)
Understanding Trade Dress & Trademarks
While there hasn’t been much progress in the case, it’s worth noting how trade dress differs from trademarks and how it could play a role in this trial. A trademark protects the names, logos, words, symbols, and slogans that identify a brand, while trade dress protects the overall appearance or “look and feel” of a product or business. This can include how a product is packaged, how a business presents itself, or even the visual design of widely recognizable items.
In this case, Lululemon is accusing Costco of copying the look and feel of its highly successful clothing lines with the alleged Kirkland and Spyder duplicates. While it may be hard to distinguish the differences between two similar-looking jackets from afar, a trade dress application specifies the unique elements that lawfully represent a brand. For example, the way Lululemon stitches its “Define” jacket series is documented in a trade dress application.(Patent ID: USD639023S1) While these details may seem minor at first glance, they are a crucial part of a company’s brand identity.
How Can I Protect My Intellectual Property?
When it comes to protecting your intellectual property, the best thing you can do is act quickly. Avoid sending angry emails or strongly worded DMs—simply consult a licensed attorney to help enforce your mark. Whether the infringement is intentional or not, they can determine the best course of action to protect and strengthen your brand. If you need help protecting your intellectual property, contact us today at (713) 364-4796 or email us at info@madan-law.com.