Lululemon-Peloton feud shines light on challenges of proving design infringement

The Lululemon-Peloton case shines a spotlight on the cutthroat realm of fashion and the fine line between inspiration and imitation.

To the untrained eye, U.S. Design Patent No. D709,668 is just a sports bra.

But the strappy undergarment is among six different design patents at the centre of a high-profile legal scuffle between athletic apparel retailer Lululemon Athletica Canada Inc. and exercise equipment company Peloton Interactive Inc.

The former fitness clothing partners are going head-to-head in U.S. courts, with Lululemon accusing Peloton of patent infringement over its new line of bras and leggings and Peloton brushing off the retailer’s claims as baseless.

It’s a case that shines a spotlight on the cutthroat realm of fashion and the fine line between inspiration and imitation.

It also highlights the challenges of proving design patent infringement in court – especially with trendy and ubiquitous styles – and the use of so-called forum shopping in legal fights.

Multiple lawyers suggested that while winning a patent infringement case is typically an uphill battle, Lululemon has a strong case with its allegation of unfair competition.

“One of the problems is that when designs become popular in the marketplace, they tend to get copied,” said Ashlee Froese, a fashion and branding lawyer and founder of Froese Law in Toronto.

“It’s sort of a ‘more money, more problems’ issue. A style that is valuable is more likely to get ripped off.”