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Lululemon’s Lawsuit with Costco: Grasping at Straws

Lululemon’s chances of prevailing and being compensated for lost profits, receiving royalties and/or unspecified damages are slim to none. In such cases, it isn’t enough to prove product patents or trade dress were copied – and that’s particularly hard where fashion is concerned. The plaintiff must also prove that the offending party intended to trick customers into thinking they were getting the real thing.

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