Lululemon Activewear Design Patents Are Invalid, Designer Says

Jacques Moret Inc. told a Texas federal judge Lululemon Athletica Canada Inc.’s design patents, trade dresses, and trademarks are invalid in a dispute over activewear sold by Costco Wholesale Corp.

Lululemon failed to disclose prior art to the US Patent and Trademark Office during the application process for US Patent Nos. D989,442 and D1,035,219, Moret alledged in its second amended answer and counterclaims filed Tuesday in the US District Court for the Central District of California. The apparel company also said there’s no likelihood of confusion between the Danskin and Jockey activewear it supplies to Costco and Lululemon’s ...