Lululemon Athletica launched its threatened lawsuit against Peloton Interactive over the latter’s new activewear line in the federal court for Central California on Nov. 29. Lululemon had sent a cease-and-desist letter to Peloton on Nov. 11, claiming potential infringement of six design patents by five items in the latter’s collection.
Peloton asked for more time to respond, according to Lululemon, but then filed a request for a pre-emptory declaratory judgement in the federal court for the Southern District of New York. Peloton argued in court documents that, “on top of the numerous clear and obvious differences in design, Peloton and Lululemon’s brands and logos are also distinctive and well-recognized, making confusion between products a virtual impossibility.”
Without waiting for the New York court’s judgement, Lululemon asked the California court five days later for findings of willful patent and trade dress infringement, false designation of origin, and violation of California’s business & professions code. It is asking for an injunction, damages and attorney’s fees. The allegedly “copycat” items in Peloton’s collection are its Strappy Bra, High Neck Bra, Cadent Peak Bra, Cadent Laser Dot Bra and Cadent Laser Dot Leggings, which were mentioned in the original letter, plus the One Lux Tight, mentioned in the lawsuit. Peloton launched its new private label collection in September, replacing a five-year-old co-branded line with Lululemon.
