Under Armour sued for design patent and trade dress infringement
Active lifestyle company Lululemon has filed a complaint (pdf) against Under Armour for trade dress and design patent infringement.
The case, filed on Friday, July 7, at the US District Court for the District of Delaware, centres on sports bras owned by Lululemon.
According to the complaint, Under Armour has used patented designs belonging to Lululemon without its permission.
The patented designs consist of a design of a bra with four interwoven segments of fabric, two of which extend from each shoulder.
The complaint said: “An ordinary observer will perceive the overall appearance of the designs of the infringing products to be substantially the same as the overall appearance of the designs of the patent-in-suit.”
It added: “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.”
Lululemon has asked the court for a permanent injunction enjoining Under Armour from selling its allegedly infringing products, as well as an award of damages.
The suing company has also demanded a jury trial.
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