Lululemon has filed a federal lawsuit against Costco Wholesale, accusing the retail giant of selling unauthorized imitations of some of its most popular clothing items.
The case, filed on June 25 in the US District Court for the Central District of California, is the latest development in a growing legal pushback against what many brands view as the unchecked spread of “dupe culture.”
In the 49-page complaint, Lululemon claims that Costco infringed on its design patents and brand identity by selling clothing items under its Kirkland Signature label and other brands that allegedly mimic the look and feel of Lululemon originals — particularly the Scuba hoodies, Define jackets, and ABC men’s pants.
One example cited is a Danskin turquoise pullover labeled in Costco’s marketing as “Tidewater Teal” — the same color name used by Lululemon. The lawsuit also highlights a $19.97 Hi-Tec Men’s Scuba Full Zip Jacket, comparing it to similar Lululemon offerings that retail for over $100.
“Costco and its partners have profited from Lululemon’s sweat equity while damaging our brand,” the company alleges in the court filing.
Lululemon is seeking monetary damages, a jury trial, and a halt to further sales of the disputed items.
Copycat fashion is nothing new, but the rise of “dupe culture” on platforms like TikTok has amplified the reach and popularity of low-cost imitations. Videos tagged #dupe, often showcasing budget-friendly alternatives to high-end products, have billions of views and play a significant role in consumer trends — especially among Gen Z shoppers.
However, fashion law experts note that successfully defending against knockoffs can be difficult due to complexities in copyright and design patent law. Designers must prove that their products are both original and infringed upon, a high legal bar that many fail to clear.
In Lululemon’s case, the company is arguing that Costco not only copied its designs, but also used similar branding language, potentially confusing consumers about the products’ origins.
This is not Lululemon’s first confrontation with copycat issues. The brand, known for its minimalist design and premium price points, has been a frequent target of imitation. In 2023, Lululemon ran a marketing campaign that allowed consumers to exchange verified dupes for authentic products, positioning the brand as self-aware while still reinforcing its originality.
“We saw it as a way to participate in the dupe conversation, but refocus attention on the value of the original,” said Nikki Neuburger, Lululemon’s chief brand officer, at the time.
Previously, Lululemon settled a similar lawsuit with Peloton in 2021, later partnering with the fitness company in 2023.
Lululemon isn’t alone. Other major brands have taken legal action against mass retailers in recent years. Deckers, the parent company of UGG, sued Costco in May over alleged imitation shearling slippers. Similarly, Sol de Janeiro filed suit in 2024 for knockoffs of its scented mist sprays.
Retailers have generally refrained from public comment in these matters. As of publication, Costco has not responded to media requests regarding the Lululemon suit.
The case is still in its early stages. Lululemon is pursuing a jury trial and is seeking unspecified damages, along with an injunction to stop Costco from selling the disputed items.
The New York Times and Axios contributed to this report.
