An essential part of a business’s health is dependent upon protecting its products and reputation from harm. So it is no surprise that the popular high-end clothing manufacturer Lulamoon Athletica alleged trademark infringement and counterfeiting against Ross Stores, Inc. and IOPA Inc., which is a Los Angeles-based distributor of yoga apparel, for selling cheap knockoffs. The complaint was recently filed in United States District Court Northern District of California.
The case of the counterfeit yoga pants
Lulamoon representatives bought 20 fake versions of Lululemon All The Right Places Pant and Fast and Free Tight (which normally would list for up to $128) at the Ross Stores-owned DD’s Discount for $8. According to the suit, “Lululemon analyzed the counterfeit products and determined that they were among the lowest-quality counterfeit leggings that Lululemon had ever encountered.” The suit also alleges that:
- The fabric was substandard
- The fake tights used an upside-down U symbol used by Lulamoon
- The tags stated that they were “designed in Vancouver,” which is where Lulamoon is based
Damage to reputation
According to Lulamoon, dissatisfied customers took to the internet and complained about the quality of the garments sold at DD’s Discount. As is usually the case in situations like this, Lulamoon claims that Ross Stores (a Fortune 500 Company) knew that they were selling knockoffs because Lulamoon is only available at its retail and outlet stores, wellness centers, yoga studios and gyms. The company alleges that these fake pieces of clothing continue to cause brand confusion and disappointment among customers. At this time, there is no response from Ross Stores.
Legal guidance can protect a business’s reputation
Those who discover that there is infringement or instances of counterfeiting would be advised to contact a business law attorney with experience handling intellectual property. They can work to defend a client’s products in a variety of ways, including filing a complaint in court as Lulamoon did.