Lululemon Sues Costco Over “Dupe” Apparel Designs – Trade Dress Lawsuit Explained
Lululemon has sued Costco in a California court alleging the retailer copied the design and trade dress of its popular Scuba hoodies Define jackets and ABC chinos Learn the details of the lawsuit past precedents and what comes next .
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On June 27 2025 Vancouver-based athleisure brand Lululemon Athletica filed a lawsuit in the US District Court for the Central District of California accusing retail giant Costco of copying the designs of its signature clothing lines The lawsuit alleges that Costco is selling cheaper nearly identical versions—or dupes—of Lululemon’s popular apparel through its in-house and partner brands .
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The Core of the Lawsuit Trade Dress & Design Infringement
According to Lululemon Costco’s private-label offerings under Kirkland Signature Spyder Danskin Jockey and Hi‑Tec closely mimic the design and overall aesthetic—or trade dress—of Lululemon’s iconic .
- Scuba hoodies and sweatshirts
- Define jackets
- ABC Anti-Ball Crushing chinos
Lululemon claims these Costco products infringe on both patented design elements and recognizable visual features including silhouette fabric finish and colorways While Costco’s products retail between 20–22 Lululemon’s versions typically sell for 118 to 128 .
Visual Comparisons Raise Questions
The complaint includes detailed image comparisons that show striking resemblances in product shape stitching and color One color in particular—Tidewater Teal—is cited as a trademarked Lululemon shade introduced in 2019 which allegedly appears in Costco’s versions .
TikTok Trends and Consumer Confusion
Lululemon points to social media platforms especially TikTok for fueling confusion through viral content showcasing so-called Lululemon dupes sold at Costco The company claims customers are misled into believing Costco’s offerings are either authentic Lululemon products or part of a collaboration .
What Lululemon Demands
The company is seeking
- A permanent injunction stopping Costco from manufacturing marketing or selling the allegedly infringing items .
- Monetary damages including profits Costco earned from the sales and compensation for brand dilution .
- A jury trial to determine the full scope of damages .
- Immediate removal of all advertising and promotional materials linked to the infringing products .
A Pattern of Legal Enforcement
This isn’t Lululemon’s first legal battle over design protection In 2021 the company filed a similar suit against Peloton over lookalike leggings and sports bras that case settled in 2022 In 2012 it sued Calvin Klein over yoga pants with similar design patents And in early 2025 Lululemon initiated a campaign against counterfeit sellers on platforms like Amazon TikTok and Temu .
What’s at Stake
For Consumers
If the ” Court ” sides with Lululemon shoppers may see the removal of popular low-cost alternatives This could limit affordable options for those who admire Lululemon’s style but not its price tags .
For the Fashion Industry
The case “Could establish a stronger precedent for enforcing trade dress protection emboldening other premium brands to sue retailers offering similar dupes .
For Lululemon’s Brand Image
Lululemon aims to protect its innovation and brand integrity However aggressive legal action may draw criticism from those who see dupes as part of an open fashion ecosystem .
The Road Ahead
Costco has not publicly responded to the lawsuit The case filed under No 225‑cv‑05864 will likely move through phases of discovery motions and potentially a jury trial Lululemon is represented by attorneys Ali Razai and Brandon Smith of Morgan Lewis & Bockius Costco’s legal team has not been named as of yet .
Final Takeaway
Lululemon’s legal action against Costco signals the increasing importance of intellectual property in the retail fashion world As the boundaries between inspiration and imitation blur this case could reshape how the industry defines originality—and how far a brand can go to protect it .