Costco is more than just the place where dreams of affordable imported wines and cheeses can become a reality. Apparently, it’s also where designer dreams get yanked. Athleisure giant Lululemon is claiming that Costco has ripped off some of their designs in order to sell cheaper dupes of their more expensive products. Lululemon didn’t so much appreciate that, so they’re suing Costco.
If you were shopping the bargain athleisure while hopping between the sample carts at Costco and thought a few things looked familiar, it turns out you’re not the only one. Lululemon has said that Costco’s private-label brands have swiped the design of their Scuba hoodie, ABC pants, and Define jacket. The biggest difference (outside of the free snacks while shopping) is that Costco’s versions are cheaper. Like, by a lot. Consumers are much more likely to drop $8 on a jacket than $118, and Lululemon’s afraid that with so many knockoffs out in the world, they’ll be mistaken for the real thing—and they’re pretty miffed about that potentiality.
Lululemon is so miffed, in fact, that they’ve filed a federal lawsuit about it. They want damages. They want a jury trial. They want Costco to knock it off. No, not like that! They want them to stop with the knockoffs. This isn’t their first time with this particular tango. They’ve sued over lookalikes before—looking at you, Peloton. The clothing company says they sent Costco a cease-and-desist, but that was allegedly ignored as Costco kept right on rolling with the low-cost Lulu dupes.
This may sound like it’s no big deal. Giants getting irked at other giants, right? Well, not really. Finding low-cost dupes for high-end gear is great for the consumer, but there’s a legal line, and theft of intellectual property is no bueno. If a knockoff just gives off the essence of a designer label? It’s probably on the lighter side of morally gray. If trademark infringement went down in the name of creating said knockoff? We’ve left morally gray and are firmly in the dark side. Lululemon may be pricey, but you’re paying for the design of the garment you’re purchasing, and that design was created by professionals who make it their business to be innovative in their field in order to make sure your ass looks fantastic in those leggings. If Lululemon can be copied for a tenth of the price, then a lot of people in charge of making decisions are going to be wondering whether it’s really worth investing in designs.
This is so much more than a petty grievance between retailers—it’s a warning shot across the bow to other bargain brands. For a larger clothing brand like Lululemon to point out that the value in their product is in the design, and to be willing to go to court to protect said design, goes a long way toward protecting smaller designers who are just trying to make it. If Lululemon winds up winning their suit, you can expect to see more designers who are tired of their designs being yoinked taking similar action. If they lose? Good luck, designers. The dupes will carry on and likely become even more widespread. In order to stand out in a world where every trend gets the copy/paste treatment from bargain brands, designers are going to have to get even more creative.
So if you’re shopping at Costco and eyeing that $9 Lulu-esque hoodie, enjoy! But don’t get attached, because somewhere, there’s a lawyer in yoga pants chewing on the end of a pen and waiting for this court case to resolve.
