Warrior I vs. Warrior II: The Fight Over Yoga Pants

The high-end yoga-apparel maker Lululemon Athletica, Inc. is accusing Calvin Klein Inc. of infringing design patents in a line of yoga pants. This new lawsuit could provide ammunition for other fashion designers. Over the years, intellectual property protection for the fashion industry was difficult to obtain. Protection was often limited to trademarks or logos to signify a particular brand. However, designers found little success in getting protection for designs on apparel. Fashion changed too often for designers to establish trade dress in their designs and copyright law does not cover functional items.

Lululemon alleges that Calvin Klein has infringed three of its design patents, one of which covers a distinctive waistband featuring overlapping panels of fabric. Experts say that this lawsuit represents a novel approach to protecting designs on apparel.

In the past, few designers have gone to court over design patents. However, with Apple’s recent victory over Samsung, in which a jury found that Samsung had copied Apple’s designs, design patents are coming more into vogue. Design patents have become easier to get approved. Where it used to take a year or more to secure one from the U.S. Patent and Trademark Office, it now takes just months in some cases. This presents new value for fashion houses whose designs often change from season to season.

Source: http://online.wsj.com/article/SB10000872396390443696604577645891750143350.html

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