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Forbes
a day ago
- Business
- Forbes
Why Dupe Lawsuits Like LuluLemon's Are Rare—And Hard To Win
Topline Luxury athletic wear brand Lululemon has sued Costco in federal court and accused the big box store of selling products that purposefully rip off some its most popular items for a fraction of the price—the latest lawsuit to come out of an increasingly prevalent 'dupe culture' that has left big-name companies with little recourse against brands that produce copycat products for less. A customer enters a Lululemon store in Corte Madera, California. Getty Images Key Facts In a lawsuit filed in California, Lululemon accused Costco of selling and, in one case, manufacturing knockoffs of its Scuba sweatshirts, Define jackets and ABC pants. The complaint alleged trade dress infringement, unfair competition under the Lanham Act, patent infringement and violation of the California Unfair Business Practices Act, and asks that Lululemon be compensated for the lost profits and "significant harm" done to its brands and reputation. Costco, which did not respond to request for comment from Forbes on Tuesday, could be forced to pay up if Lululemon prevails, but winning a trademark infringement lawsuit over dupe products is a tall order. Dozens of successful brands have sued over the increasing production of dupes in the last several years, but proving a product was copied isn't enough to win—the original producer must also show that the copycat product could actually 'dupe' customers into believing the knockoffs are the real thing. The onus of proving the copycat product actually confused customers and impacted the original manufacturer's business falls on the originating company, New York trademark lawyer Karl Zielaznick told Forbes, and it's very hard to prove: 'Customers often know that they aren't buying a $5,000 watch for $100… They know it's a different, dupe product,' he said. Get Forbes Breaking News Text Alerts: We're launching text message alerts so you'll always know the biggest stories shaping the day's headlines. Text 'Alerts' to (201) 335-0739 or sign up here. Key Background The prevalence of 'dupe culture' has skyrocketed in the last decade, largely thanks to TikTok, as customers search for and buy products that are cheaper, almost identical versions of high-end items. As opposed to generations before who "may have shopped for knockoffs on the sly," Jennifer Baker of creator management platform Grin told The Guardian, young people are now happy to buy knockoff products and share their finds with the world. TikTok videos with #dupe hashtag have racked up more than 6 billion views, and shoppers can easily find counterfeits for everything from a $600 hair tool to a $40 face wash. Because shoppers are happily and knowingly buying the fake products, nobody is actually being duped into thinking knock-offs are the real thing, Zielaznick explained, which makes it much harder to prove brand confusion. Surprising Fact In December, the e.l.f. Cosmetics company admitted in federal court that it created a mascara product called the Lash 'N Roll specifically meant to mimic the Hook N' Roll brush of Benefit Cosmetics' Roller Lash mascara, which has produced $278 million in revenue from U.S. sales since 2015. E.l.f released its product in 2022, and the two mascaras are packaged and marked similarly. Despite the admission and similarities, a judge ruled that the e.l.f. product did not infringe on the trademark or trade dress of Benefit Cosmetics because it was very unlikely customers would ever actually confuse the two products. To win, Benefit would have had to prove e.l.f. had managed to actually dupe buyers, which the company failed to do. Crucial Quote 'It's not enough to have someone admit they looked at or were inspired by your product,' Zielaznick said. 'You have to be able to prove in some other way that this is harming you. There has to be a true attempt by the dupe manufacturer to deceive, and it's very hard to prove that that intent exists.' What To Watch For The verdict in pending trademark lawsuits. Snack giant Mondelez International has sued grocery chain Aldi over claims the store is mimicking the packaging of cookies like Oreo, Chips Ahoy! and Nutter Butter with the intention of confusing customers. Williams-Sonoma is suing a website called which allows shoppers to search for products that look eerily similar to something they liked online, and American Eagle is suing Amazon over claims it ripped off branding from the Aerie clothing line to confuse online shoppers. Deckers, the parent company of Ugg, is suing Quince for alleged trademark infringement related to a copycat version of its UGG Classic Ultra Mini boots. Further Reading Forbes Do Trademarks Still Matter In 2025? Forbes Earth, Wind & Firing Off: A Cautionary Tale Of Trademark Infringement In The Music Industry Forbes Nike Stole Company's Trademark, Then Tried To Bury It In Legal Bills, Court-Ordered Report Says

The Drive
25-06-2025
- Automotive
- The Drive
Judge Says Feds Can't Withhold Money From State EV Charger Programs
CORTE MADERA, CALIFORNIA - FEBRUARY 15: In an aerial view, Tesla cars recharge at a Tesla charger station on February 15, 2023 in Corte Madera, California. Electric car company Tesla is partnering with the U.S. federal government to expand electric vehicle charging infrastructure in the United States. Tesla announced plans to open an estimated 7,500 of its Tesla Superchargers in the country to all brands of electric vehicles by the end of latest car news, reviews, and features. When the Trump administration vowed earlier this year to claw back funds that had previously been awarded for the construction of new electric vehicle charging infrastructure, a California representative slammed the move as 'unconstitutional.' On Tuesday, a U.S. district judge in Washington State stopped short of agreeing, but found merit in the plaintiffs' argument in a suit filed by California, 15 other states and the District of Columbia, that the administration acted illegally. Judge Tana Lin said it was likely that the states will ultimately win, giving the admin a week to re-open its coffers—or, more likely, to appeal the ruling, which may be destined for the Supreme Court, Reuters reports. The sixteen states who sued the administration claimed that the administration's move to cut funding would result in immediate financial harm, citing the money already spent on their contributions to the infrastructure projects for which they'd received federal funding approval. Judge Tin carved out exceptions for two of them (Minnesota and Vermont) in her ruling, along with the District of Columbia, as they failed to demonstrate how they'd been monetarily impacted by the administration's actions. President Trump began targeting Biden-era EV mandates almost immediately after taking office again. His administration is attempting to roll back the expansion of charging infrastructure, federal incentives for private EV purchases, and the federal government's expansion of its own electrified fleet. Judge Tin's ruling is the latest in a series of setbacks for the administration, which is facing both legal and legislative hurdles to its initiatives. During his first term, Trump's administration pushed hard to not only roll back federal emissions standards, but to weaken the power of individual states to set their own limits on internal-combustion engines. The administration's campaign against California and its coalition of blue-leaning 'CARB states' seemed decisive at first, but all of its early victories were ultimately for naught, as the Supreme Court ultimately sided with the states over the federal government. It's a battle Trump has pledged to take up again in his second term, but it's unclear what avenue the admin will be able to pursue that wasn't explored previously; anything setting a permanent framework would likely have to be approved by Congress, where the Republican majority is slim. Got a tip? Send it our way at tips@ .article-sidebar]:pt-0>


Washington Post
12-06-2025
- Business
- Washington Post
RH: Fiscal Q1 Earnings Snapshot
CORTE MADERA, Calif. — CORTE MADERA, Calif. — RH (RH) on Thursday reported fiscal first-quarter earnings of $8 million. The Corte Madera, California-based company said it had net income of 40 cents per share. Earnings, adjusted for non-recurring gains, came to 13 cents per share. The results topped Wall Street expectations. The average estimate of eight analysts surveyed by Zacks Investment Research was for a loss of 9 cents per share.


Auto Blog
05-06-2025
- Automotive
- Auto Blog
Why Aren't Americans Buying EVs? AAA Survey Uncovers Key Hesitations
Supply does not always equal demand These days, it seems like every automaker and its rivals have some sort of electric car out on the market. Years ago, Elon Musk and Tesla were one of only a handful of manufacturers on the block producing electric vehicles, but today's EVs come from a smattering of brands that include familiar mainstream names like Ford, Chevrolet, and even Hyundai and Kia. However, while there are more choices in the American EV market than ever before, a new customer survey conducted by the American Automobile Association reveals that Americans may not be as interested in electric cars as they think. In an aerial view, electric cars sit parked at a charging station on May 19, 2025 in Corte Madera, California. Less than 20% of U.S. adults are 'likely' to get an EV as their next car, says AAA. According to a new survey of U.S. adults conducted by AAA, American interest in EVs is at its lowest since 2019. The study, conducted in March of this year, surveyed 1,128 American adults to measure the likelihood of purchasing an EV and the factors influencing their decisions. The Automobile Club found that only 16% of U.S. adults indicated they are 'very likely' or 'likely' to purchase an electric vehicle (EV) as their next car, marking the lowest percentage recorded in six years. Meanwhile, the proportion of adults who told AAA that they are 'unlikely' or 'very unlikely' to buy an EV for their next vehicle has increased from 51% to 63% over the past four years. The percentage of those who said they are 'neither likely nor unlikely' to purchase an EV has remained steady at 21%. 'Since we began tracking interest in fully electric vehicles, we've seen some variability,' AAA automotive engineering director Greg Brannon said in a statement. 'While the automotive industry is committed to long-term electrification and providing a diverse range of models, underlying consumer hesitation remains.' What are the reasons behind the public's lack of interest? According to AAA, the most common reasons people are not considering an EV purchase are a few specific issues that linger from the past. About 62% of drivers expressed concern about potentially high battery repair costs, while 59% of buyers were deterred by the higher upfront purchase price compared to equivalent gas-powered models. Many respondents also expressed concerns about specific activities and how EVs handle them. About 57% of Americans feel that EVs can't handle the rigors of long trips, while 56% of EV skeptics were also concerned about the lack of convenient public EV charging facilities. Furthermore, 55% of skeptics stated that they avoid EVs due to fear of being stranded with a dead battery on the side of the road, while 27% reported issues with installing a charging station at their homes. A Rivian R1T electric vehicle (EV) pickup truck, left, and R1S electric sports utility vehicle (SUV) at the company's showroom in New York, US, on Tuesday, Jan. 2, 2024. — Source: Tesla In addition, the onset of the new Presidential administration has made the future of electric vehicle incentives unclear, which has led to fewer people showing interest in buying EVs to benefit from rebates and tax credits. Despite this, 77% of respondents said that they're motivated to get an EV to save money on gas, while 59% of people said they care about the environment. However, the study showed a shift in perspectives regarding the electric vehicle (EV) market. Just 23% of respondents surveyed by AAA believe EVs will surpass gasoline cars within the next decade, which peaked at 40% in 2022. Final thoughts Right now, price anxiety and political discussions are heavily influencing how people view electric vehicles. Regardless of where you stand politically, trying to let the market alone decide the future of EV adoption when many feel everything is already too expensive will likely lead to the public rejecting the pricier option. At this point, more affordable EV options and a stronger charging network need to be built out in order for full electrification to happen, but that's a tall order. About the Author James Ochoa View Profile


The Hindu
27-05-2025
- Sport
- The Hindu
Ranquelino, Pantazi, Star Of Night, Trakila, Ramiel and Andre catch the eye
Ranquelino, Pantazi, Star Of Night, Trakila, Ramiel and Andre caught the eye when the horses were exercised here on Tuesday morning (May 27). Inner sand: 600m: Galway Girl (Vishal) 39.5. Strode out well. Einaudi (Darshan) 40. Moved well. Corte Madera (—) 39.5. Shaped well. Outer sand: 600m: Glorious King (Peter) 43. Worked well. Wings Of Fury (—), Seneca (-) 42. Former finished two lengths ahead. Lucero (Vivek) 44.5. Easy. Frederika (rb) 45.5. Moved freely. 1000m: Auctav (Chetan K), Get Set Go (Salman K) 1-15, 600/42.5. They pleased. Eastern Gold (R. Pradeep) 1-11.5, 600/41.5. Impressed. Moonlite Rose (Likith), La Quinta (-) 1-15, 600/45. Former finished three lengths ahead. Magnetic (Saqlian) 1-11, 600/41. A fine display. Eleanora (Vaibhav), Ad Meliora (Siddaraju) 1-15, 600/44. They finished level. Ranquelino (R. Pradeep) 1-11.5, 600/41.5. Moved fluently. Andre (P. Trevor) 1-9.5, 600/41. Moved attractively. Excellent Lass (Suraj), Ashwa Kali Bhani (Prabhakaran) 1-9, 600/41.5. Former finished six lengths ahead. Sicyon (Shreyas) 1-16, 600/44. In fine trim. Pacific Heights (Likith) 1-13, 600/43. Moved impressively. Ramiel (Abhay S) 1-10.5, 600/41. Pleased. Romping Home (Yash), Multi Success (Neeraj) 1-15, 600/43. Former finished four lengths ahead. Kyoto (Vishal) 1-14, 600/43. In fine condition. Pantazi (Hasib) 1-11, 600/40.5. A fine display. Hurricane Bay (Likith), Petaluma (-) 1-14.5, 600/43.5. Former finished two lengths ahead. Champions Way (Suraj) 1-16, 600/45. Moved on the bit. Trakila (Tejeshwar), Polka Dot (-) 1-13, 600/40. Former finished four lengths ahead. Kerry Gold (Neeraj) 1-13.5, 600/41.5. Impressed. 1200m: Lightning Blitz (Suraj), Star Concept (rb) 1-29.5, 1,000/1-11.5, 600/42. They shaped well. Vyasa (Antony) 1-30.5, 1,000/1-12, 600/42.5. In fine trim. Power Of Gold (Saqlian) 1-31, 1,000/1-12.5, 600/43. Moved impressively. 1400m: Supernatural (G. Vivek) 1-45.5, 1,200/1-30, 1,000/1-15, 600/46. Easy. Supreme Success (Rayan), Republican Star (Koshi K) 1-40, (1,400-600) 53.5. Former impressed. Secret Saint (P. Trevor) 1-41, 1,200/1-25.5, 1,0001-10, 600/41. A pleasing display. Matisse (G. VIvek) 1-45, 1,200/1-30, 1,000/1-15.5, 600/45. Moved on the bit. Cherie Chevalier (-), Black Dust (-) 1-45.5, 1,200/1-28.5, 1,000/1-13, 600/42. Former finished three lengths ahead. Assimilate (-) 1-43, (1,400-600) 56. Eased up. Star Of Night (Neeraj) 1-40, 1,200/1-25, 1,000/1-10.5, 600/40.5. Catch the eye. Gate practice — inner sand: 1200m: Adornment (R. Pradeep) 1-22, (1,200-600) 40.5. Jumped out well. Scent Of Rain (P. Trevor), Don Carlos (Darshan) 1-22, (1,200-600) 40.5. Former finished five lengths ahead. Khazana (Antony) 1-23, (1,200-600) 40. Took a good jump. LG's Script (Koshi K), Force Of Nature (rb) 1-25, (1,200-600) 39.5. Former finished two lengths ahead. Rightly Noble (Suhas), Jade Mountain (rb) 1-32, (1,200-600) 46.5. Former finished eight lengths ahead. Enola Holmes (Neeraj), Surprise Fantasy (Likith) 1-20.5, (1,200-600) 41. They jumped out smartly. Goodwill (Hindu S), Paulite Warrior (Vishal) 1-23.5, (1,200-600) 41.5. Former finished three lengths ahead. Highland Dream (Ajinkya) 1-26.5, (1,200-600) 43.5. Jumped out well. Crown Drive (Arjun) 1-19, (1,200-600) 42. Impressed. Thutmose (Chetan K), My Solitaire (Salman K) 1-21.5, (1,200-600) 40. Former finished six lengths ahead. Sekhmet (rb), Sea Jack (rb) 1-22.5, (1,200-600) 41.5. Former finished five lengths ahead. Magestic Persona (A. Ramu), Lots Of Luck (R. Pradeep) 1-27.5, (1,200-600) 47. Former finished about a distance ahead. Call Me Trinity (rb), Togo (Vishal) 1-27, (1,200-600) 45. Keitaro (Saqlian), Mrs. Brando (I. Chisty), Vistoria Belle (rb), Ksepiman (-) 1-24.5, (1,200-600) 40. First two named impressed. Victoria Doressani (Rozario), Blue Storm (Arvind), Zayana (Pavan) 1-24, (1,200-600) 43. They jumped out well. Indian Brocade (Suraj), Blind Faith (rb) 1-23.5, (1,200-600) 40. Former finished four lengths ahead. Crimson Flame (Tauseef), Adelanto (Rajesh K) 1-23.5, (1,200-600) 38.5. Former finished four lengths ahead. Rise And Reign (Peter), Brilliant Star (Saqlian) 1-19.5, (1,200-600) 40.5. They took a smart jump and finished level. Casteel (Yash), Global Influence (rb) 1-21, (1,200-600) 38.5. Former showed out. Midnight Blue (Suraj), Queen Of Kings (Siddaraju) 1-21.5, (1,200-600) 38.5. Former finished six lengths ahead. Sea Glory (Vikrant), Assurances (Vaibhav) 1-21.5, (1,200-600) 38.5. Former finished four lengths ahead. War Enyo (Shinde), Benzema (Afsar), Triple Star (Salman K) 1-25, (1,200-600) 40.5. They jumped out well. Beast Royale (Laxman S), Tyaaraa (I. Chisty) 1-28.5, (1,200-600) 41. They finished level. Tripple V (N. Darshan), Sunlit Path (rb), Acantha (R. Pradeep) 1-21, (1,200-600) 40. Tripple V impressed.