Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)
Eric Goldman
JULY 9, 2025
But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. But the case law makes clear that establishing acquired distinctiveness for trade dress features is more complicated.
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