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30 October 2017

Under Armour signs truce with Lululemon

Clothing company Under Armour has settled its differences with activewear brand Lululemon at the US District Court for the District of Delaware.

In July, Lululemon accused Under Armour of trade dress and design patent infringement in a lawsuit centring on sports bras owned by Lululemon.

Lululemon claimed that Under Armour had used patented designs, US numbers D709,668 and D759,942, without permission.

The patents cover a bra design with four interwoven segments of fabric, two of which extend from each shoulder.

Under Armour’s Armour Eclipse Low Impact, Armour Shape Low Impact, UA On the Move, and UA Printed Strappy Bra sports bras were accused of infringement.

“The infringing products are so similar in design to the trade dress that they are likely to cause confusion, mistake, and deception as to the source of origin of the infringing goods among consumers,” said the claim.

On Thursday, October 26, the parties filed a stipulation of dismissal with prejudice at the court. Each party will bear its own costs and attorneys’ fees.

In August, WIPR reported that Under Armour had won a year-long trademark infringement case in China.

Under Armour had sued Uncle Martian, a Chinese clothing company, which began selling athletic wear with logos that Under Armour claimed infringed its rights.

The People’s Higher Court of Fujian Province granted a permanent injunction and an order to destroy all infringing products, and told Uncle Martian to pay $300,000 in damages.

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