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Lululemon sues Peloton over BԪַcopy-catBԪַ workout apparel

Lawsuit: BԪַPeloton imitated several of LululemonBԪַs innovative designs and sold knock-offsBԪַ
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Lululemon AthleticaBԪַs logo is seen on the outside of their new flagship store on Robson Street during itBԪַs grand opening in downtown Vancouver, B.C., on Thursday August 21, 2014. THE CANADIAN PRESS/Darryl Dyck

Lululemon Athletica Canada Inc. has launched a lawsuit against exercise equipment company Peloton Interactive Inc., accusing the stationary bicycle and treadmill maker of patent infringement.

In documents filed in a U.S. court on Monday, the Vancouver-based athletic apparel retailer claims Peloton is infringing on multiple design patents and selling BԪַknock-offBԪַ bras and pants.

The lawsuit comes after Peloton ended a co-branding agreement with Lululemon earlier this year and announced its own private label, Peloton Apparel, in September.

Lululemon alleges Peloton is selling BԪַcopy-cat productsBԪַ that closely resemble several of the retailerBԪַs best-selling designs, including a pair of workout pants and a popular strappy sports bra.

BԪַUnlike innovators such as Lululemon, Peloton did not spend the time, effort and expense to create an original product line,BԪַ Lululemon alleged in court documents.

BԪַInstead, Peloton imitated several of LululemonBԪַs innovative designs and sold knock-offs of LululemonBԪַs products, claiming them as its own.BԪַ

The retailer said it initially sent Peloton a cease-and-desist letter, laying out its concerns with the exercise equipment makerBԪַs BԪַblatant misappropriationBԪַ of LululemonBԪַs product designs, according to court documents.

Lululemon said Peloton requested an extension to respond to those allegations, but then used the delay to BԪַsecretly prepare its own complaint and pre-empt the lawsuit that Lululemon had so clearly threatened.BԪַ

Last week, Peloton sued Lululemon, asking a U.S. court to declare that it has not infringed on Lululemon patents.

BԪַLululemonBԪַs allegations lack any merit,BԪַ Peloton claimed in documents filed in a New York court.

BԪַEven a quick comparison of the Lululemon patented designs with the allegedly infringing Peloton products reveals numerous clear and obvious differences that allow the products to be easily distinguished.BԪַ

Peloton also claims that the brands of both companies are distinctive and well-recognized BԪַmaking confusion between products a virtual impossibility.BԪַ

But in a series of exhibits filed with a California court, Lululemon alleges several Peloton styles are nearly identical to Lululemon products.

One design the retailer highlighted is its Align pants, a pair of leggings Lululemon called one of its BԪַall-time best-selling products.BԪַ

Lululemon alleges a Peloton style is an imitation of the Align pant, with a similar waistband and stitching.

The Canadian retailer said the similarity between Peloton products and LululemonBԪַs BԪַiconic designsBԪַ is BԪַlikely to cause confusion, cause mistake, and to deceiveBԪַ customers into thinking the Peloton apparel is made in affiliation with Lululemon.

The company alleges PelotonBԪַs intention is to BԪַblatantly copy LululemonBԪַs proprietary designs and pass off its goods as LululemonBԪַs high-quality products to misappropriate the immense goodwill that Lululemon has spent enormous time, effort, and expense to cultivate in the marketplace.BԪַ

In an emailed statement, Shannon Higginson, Lululemon general counsel and senior vice-president, said: BԪַWe are confident in our position and look forward to properly resolving this case through the courts.BԪַ

Peloton said it would not comment on active litigation.

BԪַBrett Bundale, The Canadian Press





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