Community Chat

[MorningLover]

Lululemon is suing Costco for selling “dupes” of its most popular clothing items, requesting a jury trial to seek compensation in monetary damages and demanding that Costco to cease selling the duplicated products.

Lululemon, a premium athleisure company based in Vancouver, Canada, filed its lawsuit against Costco on June 27 in California.

The complaint alleges that Costco “unlawfully traded” on Lululemon’s “reputation, goodwill and sweat equity” by selling unauthorized knockoffs, infringing on the companies patents.

Lululemon claims the dupes are “confusingly similar” to its own line of products, potentially misleading customers into believing that the Costco alternatives are “authentic Lululemon apparel.”

The items at the core of the lawsuit are the popular “Scuba” hoodies and sweatshirts, “Define” jackets and “ABC” stretch pants.

Lululemon’s well-known “Scuba” hoodie retails for $118, while both the “Define” jacket and ABC pants sell for $128, per the company’s website.

In contrast, the Costco alternatives “Scuba” hoodie dupe retails for $8, the “Define” jacket dupe for $22 and the “ABC” stretch pant dupe for only $10, according to NBC News.

[Shanus]

@MorningLover   I wonder how that will settle out. I don't have COSTCO near me, but many stores have knockoffs of expensive brands. if you look in the label, you can tell it's not the real deal and I bet COSTCO will take that stand.

Wallmart and Target have items that look like dupes as well, but I don't think law suits yet.

[JeanLouiseFinch]

It's a stretch, IMO.  All clothing companies make their own versions of similar items.  It would be one thing if a design insignia, patch, emblem were copied but not for the actual fabric and type of garment.  I think/hope Costco will be victorious in their defense.  Costco/Kirkland always has signage and their garments are clearly labeled.  If people buy a supposed copycat item, a brand cannot prove that they bought the Costco item assuming it had anything to do with the name brand.  Many people see something they want to buy without regard for a more expensive brand's version, reputation, or sweat equity.  If Lululemom wins, all other clothing brands will get in line because Costco sells all kinds of clothing. 

[tansy]

Brand clothing dupes are all over Amazon.  Many fashion YouTubers show possible dupes from Walmart also.  

[MorningLover]

Yahoo Finance -

Lululemon's lawsuit against Costco highlights the rise of fashion 'dupes'

excerpt..

Alexandra Roberts, a professor of law and media at Northeastern University, noted that Lululemon had some plausible claims.

Lululemon alleges that Costco is known to use manufacturers of popular branded products for its private label Kirkland brand, although the companies involved don't clearly reveal that information to customers.

Due to this, Lululemon claims some shoppers may believe that Kirkland-branded products are made by the authentic supplier of the “original” products.

Roberts said this could rule in Lululemon's favor as something that “weighs toward consumer confusion.”

Still, she noted that most of the products Lululemon mentioned in its complaint were not sold under the Kirkland brand, which could undermine the argument.

[gardenman]

It's the best advertising Costco could get. Lulelemon is basically saying, "They're selling stuff just like ours at a fraction of the price!"  If you're Costco, that's perfect. "Yes. That's right! We're selling stuff largely indistinguishable from theirs at a fraction of the price. Shame on us! Better hurry in and get it while it lasts!"

Clothing dupes are very common. Few clothing manufacturers make their own fabric, so the fabric makers sell the same fabric to other makers who make similar products. Pants are pants. Skirts are skirts. There's not a lot new under the sun. As long as you don't directly copy an insignia or trademarked markings, a dupe is just a similar product. "Our pants are unlike any other pants on the market!" How? three legs? Pants are pants. Blouses are blouses. Skirts are skirts.

[Rockycoast]

I doubt Costco is worried.  Many stores sell "dupes" of brand name, designer clothing.  Once designer clothing hits the runway the knockoffs start being designed and made the next day. 

Lululemong must be desperate for the attention,

[ThinkingOutLoud]

The problem isn't Costco. Lululemon shouldn't have relied on China. An excerpt from an article I read about this a couple days ago:

"Lululemon is a Canadian company who gave China all their manufacturing business. China then makes extra product and ships it to ASEAN countries where it can be generic branded and sold at a discount."

[Still Raining]

Costco sells a whole lot of "copies", but unless Lululemon has trademarks they are going to be out of luck.  Never has the word hoodie been trademarked!

I have found that Lands End and Samsonite both sell unique, branded, lower quality goods there.  Learned that the hard way.  

[jackthebear]

is someone really confused by the costco products and think it might be LLL