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April 16, 2014

Lululemon and Calvin Klein Settle Yoga Pants Design Litigation

As we reported  previously, Lululemon, an exercise apparel company, filed suit against Calvin Klein and its supplier G-III Apparel Group for infringement of three Lululemon design patents for yoga pants. On November 20, 2012, Lululemon filed a notice of voluntary dismissal in the Delaware proceeding based upon a settlement that would dismiss the suit with prejudice. The terms of the settlement are confidential, according to a Lululemon, which released a statement asserting that “Lululemon values its products and related IP rights and takes the necessary steps to protect its assets when we see attempts to mirror our products.” The lawsuit was somewhat unique in that it involved a designer seeking to assert IP protection in articles of clothing through patent rights.

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About the Author

Susan Neuberger Weller, Trademark Attorney, Mintz Levin, Law Firm
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Susan is a member in the firm’s Washington, D.C. office and has managed the firm's trademark practice for over 10 years. For over 25 years, her practice has involved all aspects of intellectual property and related corporate business transactions, with a particular emphasis on domestic and international trademark and copyright searching, prosecution, enforcement, counseling, and litigation. She specializes in trademark, copyright, domain name, trade dress, and related areas of Internet, e-commerce, unfair competition, customs, and advertising law, as well as intellectual...

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