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Lululemon sues Peloton over 91Ƶcopy-cat91Ƶ workout apparel

Lawsuit: 91ƵPeloton imitated several of Lululemon91Ƶs innovative designs and sold knock-offs91Ƶ
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Lululemon Athletica91Ƶs logo is seen on the outside of their new flagship store on Robson Street during it91Ƶs grand opening in downtown Vancouver, B.C., on Thursday August 21, 2014. THE CANADIAN PRESS/Darryl Dyck

Lululemon Athletica Canada Inc. has launched a lawsuit against exercise equipment company Peloton Interactive Inc., accusing the stationary bicycle and treadmill maker of patent infringement.

In documents filed in a U.S. court on Monday, the Vancouver-based athletic apparel retailer claims Peloton is infringing on multiple design patents and selling 91Ƶknock-off91Ƶ bras and pants.

The lawsuit comes after Peloton ended a co-branding agreement with Lululemon earlier this year and announced its own private label, Peloton Apparel, in September.

Lululemon alleges Peloton is selling 91Ƶcopy-cat products91Ƶ that closely resemble several of the retailer91Ƶs best-selling designs, including a pair of workout pants and a popular strappy sports bra.

91ƵUnlike innovators such as Lululemon, Peloton did not spend the time, effort and expense to create an original product line,91Ƶ Lululemon alleged in court documents.

91ƵInstead, Peloton imitated several of Lululemon91Ƶs innovative designs and sold knock-offs of Lululemon91Ƶs products, claiming them as its own.91Ƶ

The retailer said it initially sent Peloton a cease-and-desist letter, laying out its concerns with the exercise equipment maker91Ƶs 91Ƶblatant misappropriation91Ƶ of Lululemon91Ƶs product designs, according to court documents.

Lululemon said Peloton requested an extension to respond to those allegations, but then used the delay to 91Ƶsecretly prepare its own complaint and pre-empt the lawsuit that Lululemon had so clearly threatened.91Ƶ

Last week, Peloton sued Lululemon, asking a U.S. court to declare that it has not infringed on Lululemon patents.

91ƵLululemon91Ƶs allegations lack any merit,91Ƶ Peloton claimed in documents filed in a New York court.

91ƵEven a quick comparison of the Lululemon patented designs with the allegedly infringing Peloton products reveals numerous clear and obvious differences that allow the products to be easily distinguished.91Ƶ

Peloton also claims that the brands of both companies are distinctive and well-recognized 91Ƶmaking confusion between products a virtual impossibility.91Ƶ

But in a series of exhibits filed with a California court, Lululemon alleges several Peloton styles are nearly identical to Lululemon products.

One design the retailer highlighted is its Align pants, a pair of leggings Lululemon called one of its 91Ƶall-time best-selling products.91Ƶ

Lululemon alleges a Peloton style is an imitation of the Align pant, with a similar waistband and stitching.

The Canadian retailer said the similarity between Peloton products and Lululemon91Ƶs 91Ƶiconic designs91Ƶ is 91Ƶlikely to cause confusion, cause mistake, and to deceive91Ƶ customers into thinking the Peloton apparel is made in affiliation with Lululemon.

The company alleges Peloton91Ƶs intention is to 91Ƶblatantly copy Lululemon91Ƶs proprietary designs and pass off its goods as Lululemon91Ƶs high-quality products to misappropriate the immense goodwill that Lululemon has spent enormous time, effort, and expense to cultivate in the marketplace.91Ƶ

In an emailed statement, Shannon Higginson, Lululemon general counsel and senior vice-president, said: 91ƵWe are confident in our position and look forward to properly resolving this case through the courts.91Ƶ

Peloton said it would not comment on active litigation.

91ƵBrett Bundale, The Canadian Press

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