case about lululemon athletica v.calvin klein

Case Summary: In the Lululemon Athletica (LA) v. Calvin Klein (CK) case, LA owned three design patents on their yoga pants, including a distinctive waistband, which sells for $98. LA claimed that CK’s “Performance” yoga pants (priced at $20) are significantly similar to their patented Astro pants waistband. Owners of a design patent must prove that to the average observer the alleged infringer’s (CK) design appears to be substantially the same as its own design. This is known as the “ordinary observer test.”

Discussion Questions: Use a search engine to research the outcomes of these two cases. How were the cases resolved? If a judge rendered a decision, summarize his or her reasoning. Do you agree with the judge’s decision?

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Patent Rights

There are laws against designers using the designs of other designers in their clothes without their permission. This is considered stealing by some people. As a result, disagreements occur. This was the case with Lulu lemon and Calvin Klein.

In two thousand an twelve, August a complaint was filed against Calvin Klein as a design company. The complaint came from Lululemon which is also a design company. According to the company, Calvin Klein had copied some of their designs. Calvin Klein was accused of using exactly the same designs in their waistbands that Lululemon had originally introduced.

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