Lululemon has officially filed a lawsuit against Costco, and let’s just say the athleisure gods are stirring the pot.
The brand known for making yoga pants a personality trait is claiming that Costco’s hoodies, joggers, and all-around cozy vibes are looking a little too familiar. According to the lawsuit, certain Kirkland and Danskin products unlawfully imitate the overall look and feel of Lululemon’s designs. The company alleges that these items infringe on its protected design elements and trade dress, creating a likelihood of consumer confusion as to the source, affiliation, or sponsorship of the goods. Translation: Costco is giving Scuba hoodie energy at soup-can prices, and Lululemon is not amused.
Finally. We all knew this was coming. You cannot launch an army of nearly identical hoodies into the warehouse wild and not expect a cease-and-desist from someone wearing Align leggings and holding a discovery letter. The moment Costco started serving up seventeen-dollar hoodies with thumbholes and high collars in that exact shade of Storm Teal, this lawsuit practically wrote itself.
And Costco shoppers? Not helping. TikTok turned it into a full-blown movement. Videos of moms and millennials tearing through the aisles like it’s Boxing Day at Lululemon began flooding every corner of the internet. Hoodie in one hand, latte in the other, and the rally cry echoing across the parking lot “Start the car! Start the car!” IKEA, respectfully, this is how you do viral.
The dupes have become certified icons. Influencers are showing side-by-sides, partners are being tricked into complimenting the wrong hoodie, and Reddit threads are deep in the fit-versus-fabric discourse. Some say the Costco version is softer. Some say it’s practically identical. Everyone agrees it’s a steal. And Lululemon, understandably, is not about to let its crown slip without a fight.
The legal case is built on trade dress infringement and consumer confusion. Lululemon argues that the overall look and feel of their Scuba hoodie and ABC pants are distinctive, protectable, and being shamelessly copied. The demand is clear: stop selling the lookalikes and compensate for the brand erosion.
Of course, anyone who has ever tried to register a stylish hoodie knows that protecting fashion designs is trickier than trying to leave Costco with only one item. Trade dress needs to be distinctive, non-functional, and instantly associated with a single source. Unfortunately, thumbholes, front seams, and drawstrings tend to show up on a few million other garments. Unless your hoodie zips itself up and offers gentle emotional support, proving distinctiveness might be a bit of a stretch. Pun intended.
Still, the law is only half the story. The other half is Costco’s hoodie selling out faster than the courtroom transcript can be drafted. This lawsuit has only increased interest in the alleged dupes, boosted Kirkland’s already cult-like status, and turned Danskin into the quiet assassin of luxury athleisure. If there was ever a time to move fast in slip-on sneakers, it’s now.
Some might call this David vs. Goliath, if Goliath shopped in bulk and David had a loyalty card. Others are just here for the chaos and the comments section. But let’s be honest, the only thing more comfortable than these hoodies is watching two retail giants go head-to-head while we eat popcorn in matching loungewear.
Whether Lululemon gets the injunction they’re after or ends up fueling even more viral hoodie hauls remains to be seen. Courts will weigh the evidence, compare the designs, and try not to get distracted by TikTok. In the meantime, the rest of us will be watching it all unfold in high-waisted leggings, probably from a couch, probably in a hoodie that may or may not have come in a two-pack.
Namaste, shoppers. May your seams be strong, your cuffs be cozy, and your brand confusion only mildly actionable.
