November 21, 2012 by Roseanne
We all love a good legal drama, right? And after Lululemon launched a patent infringement law suit against Calvin Klein in August, we were hoping to get the yoga pants version of Law & Order. Sadly, this isn’t the case, as the two apparel companies have reached a out-of-court settlement. The details of the agreement haven’t been disclosed and the lawsuit has been dropped.
The yoga apparel giant took legal action against Calvin Klein after claiming that the CK “Performance” pants ripped design elements of the Lululemon “Astro” pants – in particular, the patented crossover waistband. Lululemon reportedly asked for an injunction to prevent Calvin Klein from selling the “Performance” pants and sought damages payment. Given the highly secretive nature of the settlement, we’ll never know what kind of agreement they came to. But we can probably assume that the CK “Performance” pants will be taken off the market soon. Keep your eyes open for sales!
“We cannot comment on this case as the terms of the settlement are confidential,” Lululemon representative Sari Martin told The Globe and Mail in an e-mail. “Lululemon values its products and related [intellectual property] rights and takes the necessary steps to protect its assets when we see attempts to mirror our products.”
Smart business analyst people noted that the lawsuit was an intimidation tactic to deter other designers from making activewear that in any way resembles Lululemon’s distinctive look.