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Lululemon Sued Costco For Selling Dupes Of Popular Clothes. Can It Win?
Forbesยท 2025-07-01 20:27
Core Viewpoint - Lululemon has filed a lawsuit against Costco, accusing the retailer of selling knockoff versions of its popular products, highlighting the challenges faced by established brands in combating "dupe culture" [1][2]. Group 1: Lawsuit Details - The lawsuit, filed in California, claims that Costco is selling and manufacturing knockoffs of Lululemon's Scuba sweatshirts, Define jackets, and ABC pants, alleging trade dress infringement and unfair competition [2]. - Lululemon seeks compensation for lost profits and significant harm to its brand and reputation due to Costco's actions [2]. Group 2: Legal Challenges - Winning a trademark infringement lawsuit over dupe products is difficult, as the original manufacturer must prove that the copycat product could confuse customers into believing it is the real item [3][4]. - The burden of proof lies with the original company to demonstrate that the copycat product has caused confusion and impacted their business, which is challenging to establish [4]. Group 3: Industry Context - The rise of "dupe culture" has been significantly influenced by social media platforms like TikTok, where consumers actively seek and share cheaper alternatives to high-end products [6]. - TikTok videos featuring the dupe hashtag have garnered over 6 billion views, indicating a growing acceptance of purchasing knockoff products among younger consumers [6]. Group 4: Related Legal Cases - A notable case involved e.l.f. Cosmetics, which admitted to creating a product that mimicked Benefit Cosmetics' mascara but was ruled not to infringe on trademarks due to insufficient evidence of customer confusion [7][8]. - Other companies, such as Mondelez International and Williams-Sonoma, are also pursuing legal action against retailers and websites for similar trademark infringement claims [8].