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A recent dispute involving Lululemon and Peloton highlights the use of design patents and apparel trade rights to protect fashion items. Peloton Interactive v. Lululemon Athletica Canada, US District Court, Southern District of New York, No. 21-10071. At issue is Peloton’s request for an injunction that does not infringe certain Lululemon design patents on sports bras and leggings, as well as trade dress on Lululemon’s popular “Align” tights with a cinched waist. Also, Peloton is seeking a declaration that the design patents and trade dress are invalid. Lululemon denies these allegations and claims that Peloton infringes on its rights.
While this is an example of IP protection and application of athletic leisure designs, IP rights in creative works of fashion are not limited to these disciplines. A wide range of designs can qualify for protection under the three main categories of IP, namely patent, trademark and copyright, and these can be complementary and effective when used together.
First steps: Investigate whether safeguards are available early in the design process
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