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A recent dispute involving Lululemon and Peloton highlights design patents and trade dress rights to protect fashion articles. Peloton Interactive v. Lululemon Athletica Canada, US District Court, Southern District of New York, No. 21-10071. Peloton’s main claim in the lawsuit is that the court order does not infringe on several Lululemon design patents on sports sweaters and leggings, as well as Lululemon’s famous “Aline” leg on the ribbed waist. Peloton also seeks a declaration that its design patents and trade dress are invalid. Lululemon denies these claims and argues that Peloton infringes its rights.
While this is one example of IP protection and enforcement of athleisure designs, IP rights in creative fashion works are not limited to these areas. Different designs can be eligible for protection under three main IP categories: patent, trademark and copyright, and these can be complementary and effective when used together.
Early stages: Check for safeguards early in the design process
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