Latest news with #LululemonDupes'
02-07-2025
- Business
Lululemon's lawsuit against Costco highlights the rise of fashion 'dupes'
NEW YORK -- Fashion 'dupes,' or less expensive versions of high-end clothing and other accessories, are just about everywhere these days. They're also drawing some businesses into legal battles. In the latest example, Lululemon filed a lawsuit against Costco on Friday, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel. Across the retail industry, it's far from a new phenomenon. But social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Want a taste of Hermès' $1,000 fuzzy slippers? Target has a version for $15. Looking for a $2,800 price Bottega Veneta hobo bag? There's a version for $99 on online clothing and accessories upstart Quince, which has become a go-to for fashionistas. It's not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday's complaint, Lululemon noted that a handful of companies have 'replicated or copied' its apparel to sell cheaper offerings — including those popularized online through hashtags like 'LululemonDupes' on TikTok and other social media platforms. For years, companies have rolled out a range of cheaper option for consumers to buy instead of pricey name-brands or designer labels — often through retailers' house or generic brands. Unlike more direct copies of the product with an unauthorized trademark or logo of a patented brand, 'pure' dupes that just resemble certain features are generally legitimate. They can even spark awareness of the original items. But the rising frenzy for dupes, particularly in the fashion space, signals that many shoppers want a taste of luxury, but no longer want to pay for (or care about) getting the real thing. Late last year, for example, discount chain Walmart created a buzz when it started selling a leather bag online that resembled Hermès' coveted Birkin bag. The $78 item — sold by Kamugo, which doesn't appear to have its own website — was a fraction of the price of the original, which goes from $9,000 to hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag a 'wirkin.' Other suppliers including BESTSPR, YMTQ and Judy were listed on Walmart's site selling similar totes. While popular among shoppers, these kind of look-alikes can frustrate the targeted companies. Following the viral fame of the 'wirkin,' Hermès Executive Chairman Axel Dumas shared his annoyance, for example. 'Making a copy like this is quite detestable,' Dumas said in a corporate earnings call in February. Still, he acknowledged that it was 'quite touching' to see so many consumers want a bag with the Birkin style — and that 'difference in quality' was still evident, noting that nobody bought the dupe thinking it was from Hermès. Alexandra Roberts, a professor of law and media at Northeastern University, said that 'the term 'dupe' itself doesn't tell us much about legality," noting the word has also been used to describe more traditional counterfeits. But overall, dupes can move into shaky legal territory, including copyright and trademark infringement, particularly if a dupe marketer makes false claims about the duplicate or the original. 'With fashion, in particular, we're going to get into some thorny questions," Roberts said. That includes what intellectual property rights exist and how enforceable they are, she explained, and whether there is actual infringement or if a product is just 'positioning itself as a less expensive alternative.' Often such disputes boil down trademark questions around consumer confusion or patented product designs. Several businesses have already put this to the test, but not always successfully. In December, for example, Benefit lost a lawsuit in California over E.l.f.'s $6 Lash 'N Roll mascara, which is similar to Benefit's $29 Roller Lash mascara. The judge's decision was 'a resounding win for us,' CEO Tarang Amin previously told The Associated Press. 'The basic reality is we always put our E.l.f. twist on it,' he said. 'It's an E.l.f. product that's a much better value.' In its lawsuit, Lululemon argued that Costco had 'unlawfully traded' on Lululemon's reputation and that it was suing as part of wider intellectual property enforcement 'directed to retailers who have chosen to copy rather than compete.' Lululemon accuses Costco of making duplicates of several products, including its popular Scuba hoodies, Define jackets and ABC pants. Lululemon says one of the duplicates that Costco sells is the Hi-Tec Men's Scuba Full Zip, with the lawsuit showing a screenshot image of Costco's website showing the item priced at $19.97. Roberts said she was 'a little skeptical' of some of Lululemon's claims, noting that the design patents in particular could be hard to challenge. And she pointed to Lululemon's asserting common law trade dress over a 'triangle kind of shape in the crotch region' of the ABC pants. 'My first reaction as a trademark expert is that looks pretty functional,' she said, and functional matter is not protected under trademark law. 'I was just cracking up because that particular claim seemed really far-fetched to me. Those pants look really basic." Still, Roberts noted that Lululemon had some plausible claims. Lululemon alleges that Costco is known to use manufacturers of popular branded products for its private label Kirkland brand, although the companies involved don't clearly reveal that information to customers. Due to this, Lululemon claims some shoppers may believe that Kirkland-branded products are made by the authentic supplier of the 'original' products. Roberts said this could rule in Lululemon's favor as something that 'weighs toward consumer confusion.' Still, she noted that most of the products Lululemon mentioned in its complaint weren't sold under the Kirkland brand, which could undermine the argument. A message was left Tuesday seeking comment from Costco on the lawsuit. Lululemon found itself in a similar dispute with Peloton in 2021, when it sued the exercise bike company over alleged 'copycat products' in its then-new clothing lines. Two years later, the companies announced a five-year partnership that included Lululemon becoming the primary athletic apparel partner to Peloton.
New York Post
02-07-2025
- Business
- New York Post
Lululemon's lawsuit against Costco highlights the popularity of fashion ‘dupes'
Fashion 'dupes,' or less expensive versions of high-end clothing and other accessories, are just about everywhere these days. They're also drawing some businesses into legal battles. In the latest example, Lululemon filed a lawsuit against Costco on Friday, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel. 8 Lululemon filed a lawsuit against Costco, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel. AP Advertisement Across the retail industry, it's far from a new phenomenon. But social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Want a taste of Hermès' $1,000 fuzzy slippers? Target has a version for $15. Looking for a $2,800 price Bottega Veneta hobo bag? There's a version for $99 on online clothing and accessories upstart Quince, which has become a go-to for fashionistas. It's not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday's complaint, Lululemon noted that a handful of companies have 'replicated or copied' its apparel to sell cheaper offerings — including those popularized online through hashtags like 'LululemonDupes' on TikTok and other social media platforms. Dupes aren't new 8 Social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Getty Images Advertisement For years, companies have rolled out a range of cheaper option for consumers to buy instead of pricey name-brands or designer labels — often through retailers' house or generic brands. Unlike more direct copies of the product with an unauthorized trademark or logo of a patented brand, 'pure' dupes that just resemble certain features are generally legitimate. They can even spark awareness of the original items. But the rising frenzy for dupes, particularly in the fashion space, signals that many shoppers want a taste of luxury, but no longer want to pay for (or care about) getting the real thing. Late last year, for example, discount chain Walmart created a buzz when it started selling a leather bag online that resembled Hermès' coveted Birkin bag. The $78 item — sold by Kamugo, which doesn't appear to have its own website — was a fraction of the price of the original, which goes from $9,000 to hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag a 'wirkin.' Other suppliers including BESTSPR, YMTQ and Judy were listed on Walmart's site selling similar totes. 8 For years, companies have rolled out a range of cheaper option for consumers to buy instead of pricey name-brands or designer labels. Bloomberg via Getty Images Advertisement While popular among shoppers, these kind of look-alikes can frustrate the targeted companies. Following the viral fame of the 'wirkin,' Hermès Executive Chairman Axel Dumas shared his annoyance, for example. 'Making a copy like this is quite detestable,' Dumas said in a corporate earnings call in February. Still, he acknowledged that it was 'quite touching' to see so many consumers want a bag with the Birkin style — and that 'difference in quality' was still evident, noting that nobody bought the dupe thinking it was from Hermès. When dupes venture into uncertain legal territory 8 The rising frenzy for dupes signals that many shoppers want a taste of luxury, but no longer want to pay for getting the real thing. USDC Central District of California Alexandra Roberts, a professor of law and media at Northeastern University, said that 'the term 'dupe' itself doesn't tell us much about legality,' noting the word has also been used to describe more traditional counterfeits. Advertisement But overall, dupes can move into shaky legal territory, including copyright and trademark infringement, particularly if a dupe marketer makes false claims about the duplicate or the original. 'With fashion, in particular, we're going to get into some thorny questions,' Roberts said. That includes what intellectual property rights exist and how enforceable they are, she explained, and whether there is actual infringement or if a product is just 'positioning itself as a less expensive alternative.' 8 Dupes can move into shaky legal territory, including copyright and trademark infringement. Getty Images Often such disputes boil down trademark questions around consumer confusion or patented product designs. Several businesses have already put this to the test, but not always successfully. In December, for example, Benefit lost a lawsuit in California over E.l.f.'s $6 Lash 'N Roll mascara, which is similar to Benefit's $29 Roller Lash mascara. The judge's decision was 'a resounding win for us,' CEO Tarang Amin previously told The Associated Press. 'The basic reality is we always put our E.l.f. twist on it,' he said. 'It's an E.l.f. product that's a much better value.' Lululemon sues Costco 8 In December, Benefit lost a lawsuit in California over E.l.f.'s $6 Lash 'N Roll mascara, which is similar to Benefit's $29 Roller Lash mascara. USDC Central District of California In its lawsuit, Lululemon argued that Costco had 'unlawfully traded' on Lululemon's reputation and that it was suing as part of wider intellectual property enforcement 'directed to retailers who have chosen to copy rather than compete.' Advertisement Lululemon accuses Costco of making duplicates of several products, including its popular Scuba hoodies, Define jackets and ABC pants. Lululemon says one of the duplicates that Costco sells is the Hi-Tec Men's Scuba Full Zip, with the lawsuit showing a screenshot image of Costco's website showing the item priced at $19.97. Roberts said she was 'a little skeptical' of some of Lululemon's claims, noting that the design patents in particular could be hard to challenge. And she pointed to Lululemon's asserting common law trade dress over a 'triangle kind of shape in the crotch region' of the ABC pants. 8 Lululemon accuses Costco of making duplicates of several products, including its popular Scuba hoodies, Define jackets and ABC pants. Bloomberg via Getty Images 'My first reaction as a trademark expert is that looks pretty functional,' she said, and functional matter is not protected under trademark law. 'I was just cracking up because that particular claim seemed really far-fetched to me. Those pants look really basic.' Advertisement Still, Roberts noted that Lululemon had some plausible claims. Lululemon alleges that Costco is known to use manufacturers of popular branded products for its private label Kirkland brand, although the companies involved don't clearly reveal that information to customers. Due to this, Lululemon claims some shoppers may believe that Kirkland-branded products are made by the authentic supplier of the 'original' products. 8 Roberts said she was 'a little skeptical' of some of Lululemon's claims, noting that the design patents in particular could be hard to challenge. USDC Central District of California Roberts said this could rule in Lululemon's favor as something that 'weighs toward consumer confusion.' Still, she noted that most of the products Lululemon mentioned in its complaint weren't sold under the Kirkland brand, which could undermine the argument. Advertisement A message was left Tuesday seeking comment from Costco on the lawsuit. Lululemon found itself in a similar dispute with Peloton in 2021, when it sued the exercise bike company over alleged 'copycat products' in its then-new clothing lines. Two years later, the companies announced a five-year partnership that included Lululemon becoming the primary athletic apparel partner to Peloton.
Hamilton Spectator
02-07-2025
- Business
- Hamilton Spectator
Lululemon's lawsuit against Costco highlights the rise of fashion ‘dupes'
NEW YORK (AP) — Fashion 'dupes,' or less expensive versions of high-end clothing and other accessories, are just about everywhere these days. They're also drawing some businesses into legal battles. In the latest example, Lululemon slapped a lawsuit against Costco on Friday, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel. Across the retail industry, it's far from a new phenomenon. But social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Want a taste of Hermès' $1,000 fuzzy slippers? Target has a version for $15. Looking for a $2,800 price Bottega Veneta hobo bag? There's a version for $99 on online clothing and accessories upstart Quince, which has become a go-to for fashionistas. It's not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday's complaint, Lululemon noted that a handful companies have 'replicated or copied' its apparel to sell cheaper offerings — including those popularized online through hashtags like 'LululemonDupes' on TikTok and other social media platforms. Dupes aren't new For years, companies have rolled out a range of cheaper option for consumers to buy instead of pricey name-brands or designer labels — often through retailers' house or generic brands. Unlike more direct copies of the product with an unauthorized trademark or logo of a patented brand, 'pure' dupes that just resemble certain features are generally legitimate. They can even spark awareness of the original items. But the rising frenzy for dupes, particularly in the fashion space, signals that many shoppers want a taste of luxury, but no longer want to pay for (or care about) getting the real thing. Late last year, for example, discount chain Walmart created a buzz when it started selling a leather bag online that resembled Hermès' coveted Birkin bag. The $78 item — sold by Kamugo, which doesn't appear to have its own website — was a fraction of the price of the original, which goes from $9,000 to hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag a 'wirkin.' Other suppliers including BESTSPR, YMTQ and Judy were listed on Walmart's site selling similar totes. While popular among shoppers, these kind of look-alikes can frustrate the targeted companies. Following the viral fame of the 'wirkin,' Hermès Executive Chairman Axel Dumas shared his annoyance, for example. 'Making a copy like this is quite detestable,' Dumas said in a corporate earnings call in February. Still, he acknowledged that it was 'quite touching' to see so many consumers want a bag with the Birkin style — and that 'difference in quality' was still evident, noting that nobody bought the dupe thinking it was from Hermès. When dupes venture into uncertain legal territory Alexandra Roberts, a professor of law and media at Northeastern University, said that 'the term 'dupe' itself doesn't tell us much about legality,' noting the word has also been used to describe more traditional counterfeits. But overall, dupes can move into shaky legal territory, including copyright and trademark infringement, particularly if a dupe marketer makes false claims about the duplicate or the original. 'With fashion, in particular, we're going to get into some thorny questions,' Roberts said. That includes what intellectual property rights exist and how enforceable they are, she explained, and whether there is actual infringement or if a product is just 'positioning itself as a less expensive alternative.' Often such disputes boil down trademark questions around consumer confusion or patented product designs. Several businesses have already put this to the test, but not always successfully. In December, for example, Benefit lost a lawsuit in California over E.l.f.'s $6 Lash 'N Roll mascara, which is similar to Benefit's $29 Roller Lash mascara. The judge's decision was 'a resounding win for us,' CEO Tarang Amin previously told The Associated Press. 'The basic reality is we always put our E.l.f. twist on it,' he said. 'It's an E.l.f. product that's a much better value.' Lululemon sues Costco In its lawsuit, Lululemon argued that Costco had 'unlawfully traded' on Lululemon's reputation and that it was suing as part of wider intellectual property enforcement 'directed to retailers who have chosen to copy rather than compete.' Lululemon accuses Costco of making duplicates of several products, including its popular Scuba hoodies, Define jackets and ABC pants. Lululemon says one of the duplicates that Costco sells is the Hi-Tec Men's Scuba Full Zip, with the lawsuit showing a screenshot image of Costco's website showing the item priced at $19.97. Roberts said she was 'a little skeptical' of some of Lululemon's claims, noting that the design patents in particular could be hard to challenge. And she pointed to Lululemon's asserting common law trade dress over a 'triangle kind of shape in the crotch region' of the ABC pants. 'My first reaction as a trademark expert is that looks pretty functional,' she said, and functional matter is not protected under trademark law. 'I was just cracking up because that particular claim seemed really far-fetched to me. Those pants look really basic.' Still, Roberts noted that Lululemon had some plausible claims. Lululemon alleges that Costco is known to use manufacturers of popular branded products for its private label Kirkland brand, although the companies involved don't clearly reveal that information to customers. Due to this, Lululemon claims some shoppers may believe that Kirkland-branded products are made by the authentic supplier of the 'original' products. Roberts said this could rule in Lululemon's favor as something that 'weighs toward consumer confusion.' Still, she noted that most of the products Lululemon mentioned in its complaint weren't sold under the Kirkland brand, which could undermine the argument. A message was left Tuesday seeking comment from Costco on the lawsuit. Lululemon found itself in a similar dispute with Peloton in 2021, when it sued the exercise bike company over alleged 'copycat products' in its then-new clothing lines. Two years later, the companies announced a five-year partnership that included Lululemon becoming the primary athletic apparel partner to Peloton. —- AP Business Writer Michelle Chapman contributed to this report.
Boston Globe
01-07-2025
- Business
- Boston Globe
The dollar has its worst start to a year since 1973
Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up RETAIL Advertisement Lululemon's lawsuit against Costco highlights the rise of fashion 'dupes' Advertisement A Lululemon store in New York City. Michael M. Santiago/Getty Fashion 'dupes,' or less expensive versions of high-end clothing and other accessories, are just about everywhere these days. They're also drawing some businesses into legal battles. In the latest example, Lululemon slapped a lawsuit against Costco on Friday, accusing the wholesale club operator of selling lower-priced duplicates of some of its popular athleisure apparel. Across the retail industry, it's far from a new phenomenon. But social media is pushing the culture of online dupe shopping to new heights as influencers direct their followers to where they can buy the knockoffs. Want a taste of Hermès's $1,000 fuzzy slippers? Target has a version for $15. Looking for a $2,800 price Bottega Veneta hobo bag? There's a version for $99 on online clothing and accessories upstart Quince, which has become a go-to for fashionistas. It's not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday's complaint, Lululemon noted that a handful of companies have 'replicated or copied' its apparel to sell cheaper offerings — including those popularized online through hashtags like 'LululemonDupes' on TikTok and other social media platforms. — ASSOCIATED PRESS TECH Cloudflare introduces default blocking of AI data scrapers The Cloudflare headquarters in San Francisco in 2019. Michael Short/Bloomberg Cloudflare, a tech company that helps websites secure and manage their internet traffic, said Tuesday that it had rolled out a new permission-based setting that allows customers to automatically block artificial intelligence companies from collecting their digital data, a move that has implications for publishers and the race to build AI. With Cloudflare's new setting, websites can block — by default — online bots that scrape their data, requiring the website owner to grant access for a bot to collect the content, the company said. In the past, those whom Cloudflare did not flag as a hacker or malicious actor could get through to a website to gather its information. 'We're changing the rules of the internet across all of Cloudflare,' said Matthew Prince, the chief executive of the company, which provides tools that protect websites from cyberattacks and helps them load content more efficiently. 'If you're a robot, now you have to go on the toll road in order to get the content of all of these publishers.' Cloudflare is making the change to protect original content on the internet, Prince said. If AI companies freely use data from various websites without permission or payment, people will be discouraged from creating new digital content, he said. The company, which says its network of servers handles about 20 percent of internet traffic, has seen a sharp increase in AI data crawlers on the web. Data for AI systems has become an increasingly contentious issue. OpenAI, Anthropic, Google, and other companies building AI systems have amassed reams of information from across the internet to train their AI models. High-quality data is particularly prized because it helps AI models become more proficient in generating accurate answers, videos, and images. But website publishers, authors, news organizations, and other content creators have accused AI companies of using their material without permission and payment. — NEW YORK TIMES Advertisement ENTERTAINMENT New 'Squid Game' season breaks Netflix records in win for Korea Participants performed during the "Squid Game" Season 3 parade and finale event on June 28 in Seoul. Chung Sung-Jun/Getty The third season of Netflix Inc.'s blockbuster series Squid Game racked up record viewership in its first three days, reinforcing the Korean survival drama's status as a global cultural phenomenon. The final season of the dystopian thriller logged more than 60 million views in its first three days — the biggest debut in that time frame — and ranked No. 1 across all 93 countries with top 10 rankings, according to Netflix. That compares with the debut of the previous season, which drew 68 million views in the first four days. The runaway success of Squid Game highlights the enduring international appeal of Korean storytelling and Netflix's pivotal role in amplifying it. The series reflects deep-seated social anxieties while spotlighting South Korea's creative firepower. For Netflix, which has invested billions of dollars into Korean content, the challenge now is sustaining momentum with a pipeline strong enough to command global attention. Originally released in 2021, Squid Game was an instant hit and a cornerstone of Netflix's local-for-local strategy. The series remains Netflix's most-watched title of all time, amassing approximately 600 million views across its first two seasons to date. — BLOOMBERG NEWS Advertisement MEDIA Trump and Paramount in 'advanced' talks to settle '60 Minutes' suit Shari Redstone, Paramount's controlling shareholder. Martina Albertazzi/Bloomberg Lawyers for President Trump and the parent company of CBS News said in a legal filing Monday that the two sides were 'engaged in good faith, advanced, settlement negotiations' over his suit against the company and requested that the court stay its proceedings until Thursday. Trump's lawyers have argued that CBS News misleadingly edited a '60 Minutes' interview with former vice president Kamala Harris during the 2024 campaign, tipping the scales toward the Democratic Party. CBS News has denied wrongdoing. The filing is the clearest sign yet that the two sides are nearing a settlement that they have discussed for several months. The lawsuit, which many legal experts have said was baseless, was viewed by some executives at Paramount, which owns CBS, as a potential hurdle to completing a multibillion-dollar sale of the company to the Hollywood studio Skydance. Brendan Carr, the chair of the Federal Communications Commission, has said the president's lawsuit against Paramount was not linked to the FCC's review of the company's merger with Skydance. Paramount has said that the lawsuit with Trump is 'completely separate from, and unrelated to, the Skydance transaction.' — NEW YORK TIMES Advertisement
Boston Globe
01-07-2025
- Business
- Boston Globe
Lululemon's lawsuit against Costco highlights the rise of fashion ‘dupes'
Advertisement It's not even the first time Lululemon has encountered what it says are knockoffs of its clothing, which often carry steep price tags of over $100 each for leggings and sporty zip-ups. Without specifying additional sellers beyond Costco in Friday's complaint, Lululemon noted that a handful companies have 'replicated or copied' its apparel to sell cheaper offerings — including those popularized online through hashtags like 'LululemonDupes' on TikTok and other social media platforms. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Dupes aren't new For years, marketers have rolled out less expensive fashion and beauty alternatives for consumers to buy instead of pricey designer brands. Unlike more traditional counterfeits, which are illegal copies of the product that feature an unauthorized trademark or logo of a patented brand, 'pure' dupes that resemble certain features of more expensive products are generally legitimate. They can even spark awareness of the original items. Advertisement But the rising frenzy for dupes signals that many shoppers want a taste of luxury, but no longer want to pay for (or care about) getting the real thing. Late last year, for example, discount chain Walmart created a buzz when it started selling a leather bag online that resembled Hermès' coveted Birkin bag. The $78 item — sold by Kamugo, which doesn't appear to have its own website — was a fraction of the price of the original, which goes from $9,000 to hundreds of thousands of dollars on resale and auction sites. Influencers labeled the leather bag a 'wirkin.' Other suppliers including BESTSPR, YMTQ and Judy were listed on Walmart's site selling similar totes. When dupes venture into uncertain legal territory Experts say some dupes move into shaky legal territory, including copyright and trademark infringement, particularly when a dupe marketer makes false claims about the duplicate or the original. Look-alikes can also frustrate the targeted companies. Following the viral fame of the 'wirkin,' for example, Hermès Executive Chairman Axel Dumas said he was 'irritated' and 'annoyed' by the cheaper look-alikes. 'Making a copy like this is quite detestable,' Dumas said in a corporate earnings call in February. Still, he acknowledged that it was 'quite touching' to see so many consumers want a bag with the Birkin style — and that 'difference in quality' was still evident, noting that nobody bought the dupe thinking it was from Hermès. Meanwhile, Benefit sued E.l.f. for trademark infringement over its $6 Lash 'N Roll mascara, which is similar to Benefit's $29 Roller Lash mascara. But in December, a California judge found that E.l.f.'s mascara didn't deceive shoppers and didn't infringe the trademarks and trade dress of Benefit's item. Advertisement That was the first lawsuit of its kind in E.l.f.'s 20-year-history, and the judge's decision was 'a resounding win for us,' CEO Tarang Amin previously told The Associated Press. Amin doesn't like to call his version dupes, referring to them as 'holy grails' instead. 'The basic reality is we always put our E.l.f. twist on it,' he said. 'It's an E.l.f. product that's a much better value.' Lululemon sues Costco In its lawsuit, Lululemon argued that Costco had 'unlawfully traded' on Lululemon's reputation and that it was suing as part of wider intellectual property enforcement 'directed to retailers who have chosen to copy rather than compete.' A message was left Tuesday seeking comment from Costco on the lawsuit. The litigation could be more complicated because Lululemon also alleges that customers know Costco uses manufacturers of popular branded products for its private label Kirkland brand, although the companies involved don't reveal that information. Due to this, Lululemon claims at least some shoppers may believe that Kirkland-branded products are made by the authentic supplier of the 'original' products. Lululemon accuses Costco of making duplicates of several producings, including its popular Scuba hoodies, Define jackets and ABC pants. Lululemon says one of the duplicates that Costco sells is the Hi-Tec Men's Scuba Full Zip, with the lawsuit showing a screenshot image of Costco's website showing the item priced at $19.97. Lululemon found itself in a similar dispute with Peloton back in 2021, when it sued the exercise bike company over alleged 'copycat products' in its then-new clothing lines. Two years later, the companies announced a five-year partnership that included Lululemon becoming the primary athletic apparel partner to Peloton. Advertisement AP Business Writer Michelle Chapman contributed to this report.
