IP Attorneys Justin DeAngelis, Christian Stahl and Johanna Wilbert Offer Lessons from lululemon v. Peloton Trademark Case

In an article for The Trademark Lawyer, Quarles & Brady Intellectual Property attorneys Justin DeAngelis, Christian Stahl and Johanna Wilbert shared insights on lessons both manufacturers and retailers can learn from trademark suits between lululemon athletica Canada Inc. and Peloton Interactive Inc. over design patents and trade dress covering lululemon’s sports bras and leggings.

The case underscores the importance of developing an IP strategy that minimizes the possibility for such conflict and anticipates potential issues, the attorneys wrote. An excerpt from the article:

The dispute between lululemon and Peloton places a spotlight on what is happening in nearly every industry and provides an opportunity for manufacturers and retailers alike to identify and implement strategies to mitigate these situations. Everywhere, companies are staking their claim on designs within their industry to keep competitors and copycats at bay with ever expanding protections on even minute innovations. What that means for new players in an industry, or retailers wanting to manufacture, is less and less daylight between the bigger rights holders with more robust portfolios creating a threat of infringement claims.

There are several steps for both manufacturers and retailers to mitigate crossing each other.