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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallPossibly, but the available information does not support a reliable prediction that Lululemon will win. Lululemon sued Costco in federal court, alleging that some Costco apparel infringed its intellectual property. Those are allegations, not findings. A May 11, 2026 report described partial resolutions and said claims involving one men’s zip-up jacket remained pending then; the case’s status after that report has not been verified here.
What is the Lululemon-Costco lawsuit about?
Lululemon athletica canada inc. and lululemon usa, inc. filed suit against Costco Wholesale Corporation on June 27, 2025, in the U.S. District Court for the Central District of California. The case number is 2:25-cv-05864. The complaint names Lululemon’s SCUBA hoodies and sweatshirts, DEFINE jackets, and ABC pants, and alleges that apparel Costco sold under Kirkland Signature and other brands infringed Lululemon’s rights.
The complaint seeks damages and an injunction. Those are remedies requested by the plaintiffs, not remedies a court has awarded. The complaint, reproduced on Scribd, is a source for what Lululemon alleges; Associated Press also reported on the filing. Neither the filing nor the reporting establishes that Costco infringed anything.
Which clothes were described as alleged dupes?
The complaint identified SCUBA, DEFINE, and ABC products as the Lululemon lines at issue. The allegations concerned apparel sold by Costco under Kirkland Signature and other labels. The available descriptions do not establish a definitive item-by-item match between each Lululemon line and every challenged Costco garment, so it would be misleading to label any particular item a proven copy.
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One historical example reported by the Associated Press was a Costco website screenshot included in the complaint that listed a Hi-Tec Men’s Scuba Full Zip for $19.97. That was the listing shown in the complaint-era material, not a current price or confirmation that the product is still available.
What would Lululemon have to prove?
The case is not decided by whether two garments look alike or whether shoppers call one a “dupe.” The complaint describes trademark infringement, trade-dress infringement, design-patent infringement, and unfair competition. The particular right asserted and the evidence needed differ by claim.
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| Legal theory | Central question |
|---|---|
| Trademark | Whether the challenged use of a protected mark is likely to confuse consumers about a product’s source, sponsorship, or affiliation. |
| Trade dress | Whether the claimed product appearance is legally protectable as identifying a source, rather than being an unprotectable or functional feature, and whether the challenged presentation creates the legally relevant confusion. |
| Design patent | Whether the accused product infringes a valid patent covering an ornamental design. The comparison concerns the protected design, not simply whether two products share a general style. |
| Unfair competition | Whether the conduct meets the requirements of the particular unfair-competition theory asserted; the label alone does not establish liability. |
For each challenged product, the court would need to assess what feature Lululemon claims is protected, whether that feature qualifies for protection under the relevant theory, how the Costco product looks and is marketed, and what the evidence shows about consumer understanding or confusion where relevant. Product resemblance by itself does not answer those questions.
What is the latest reported case status?
The Fashion Law reported on May 11, 2026, that claims tied to several products—including Jockey and Kirkland-branded apparel—had been settled or dismissed, and that claims concerning one men’s zip-up jacket remained pending at that time. This is the latest status update identified here, not a verified account of the docket on October 8, 2026. It does not establish whether the remaining claims are still pending today or how the case ultimately will be resolved.
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Can Costco legally sell a dupe?
“Dupe” is a shopping description, not a legal verdict. A lower-priced garment can resemble a popular product without necessarily infringing a trademark, trade dress, or design patent. But selling an item under a different brand name does not, by itself, resolve whether a protected right was infringed. The answer depends on the specific right claimed, the accused product and its marketing, and the evidence applied to the relevant legal test.
For that reason, this lawsuit does not establish that every similar-looking Costco garment is illegal—or that Costco has been found liable. The May 2026 report describes partial developments and a claim that remained pending at that time, while the final merits outcome is not established by the information available here.
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