Lululemon and Calvin Klein Settle Yoga Pants Design Litigation

By Geri L. Haight

Written by Susan Neuberger Weller

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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    Geri L. Haight

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    Geri Haight is a Mintz Member and former in-house counsel who focuses on employment litigation, counseling, and compliance, as well as intellectual property and trade secret matters.