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On November 11, 2021 activewear apparel brand lululemon athletica canada inc. (“lululemon”) sent a cease and desist letter to interactive fitness platform Peloton Interactive, Inc. (“Peloton”), alleging that five of Peloton’s products, including four bras and a pair of leggings, were infringing upon six of lululemon’s design patents and that Peloton’s One Luxe Tight infringed upon lululemon’s Align pant trade dress.

Rather than spinning its wheels, on November 24, 2021, Peloton responded with an action for declaratory judgment against lululemon in the Southern District of New York, seeking (1) a determination that Peloton did not infringe lululemon’s design patents, (2) invalidity of these patents, and (3) a declaration that lululemon does not have trade dress rights in the Align pant and/or that Peloton did not infringe upon this trade dress. Specifically, Peloton argues that there are clear and obvious differences between its products and lululemon’s design patents, the presence of the brands’ trademarks on the products eliminates confusion, and the design patents are anticipated and/or obvious based on prior art. For example, Peloton emphasizes that the back of its Peloton Branded Strappy Bra is cut straight across and has a mesh layer, while the design patents depict a scooped back and no mesh layer, among other differences. Peloton also argues that the asserted Align trade dress does not possess the requisite distinctiveness to be protectable, and even if it does, Pelton’s One Luxe Tight is not likely to cause marketplace confusion.
Continue Reading Peloton and lululemon Yet to Work Things Out, File Cross Lawsuits

2011 is rapidly becoming the year that the patent plaintiffs turned their attention to retailers. As previously reported, GeoTag, Inc., recently brought a patent infringement lawsuit in the Eastern District of Texas against more than three hundred retailers alleging that store locator functions on the retailers’ websites infringed its patent. Now, another frequent patent plaintiff, SFA Systems, LLC (“SFA”) has filed a patent infringement suit in the Eastern District of Texas against 27 retailers with websites. The lawsuit is captioned SFA Systems, LLC v. Amazon.com, Inc. At issue is U.S. Patent No. 6,067,525 (the “‘525 Patent”), issued on May 25, 2000 and entitled “Integrated Computerized Sales Force Automation System.” The ‘525 Patent purports to claim methods for facilitating processes relating to the sale of products and services online, including using such systems for personalizing the online experience of users, such as by making personalized recommendations, engaging in personalized marketing, providing personalized customer care, and helping online customers find compatible products. This is the third lawsuit brought asserting the ‘525 Patent and the second directed at retailers.
Continue Reading Another Patent Plaintiff Sets Its Sights on Retailers

On December 17, 2010, GeoTag, Inc. filed seven patent infringement lawsuits in the U.S. District Court for the Eastern District of Texas against more than 150 retailers. The seven lawsuits will likely be consolidated in some manner (if only for administrative purposes) and will be one of the largest patent litigations ever brought in that Court. Although most of the nation’s larger retailers are named as defendants, even retailers not yet sued have a vested interest in this litigation as it may eventually impact any retailer with an on-line presence.
Continue Reading More than 150 Retailers Targeted by GeoTag, Inc. in Patent Lawsuit Over Store Locator Website Function