Canadian athleisure apparel retailer Lululemon is claiming that Under Amour copied its bra design and is launching legal action against the brand.
Lululemon is claiming that four of Under Armour’s sports bras copy the bra Energy Bra’s design, and is consequently suing for patent and trademark infringements.
The disputed products, which range from the $29.99 (£23) Armour Strappy to the $39.99 (£31) Armour Eclipse Low Impact, are said to share likeness with Lululemon’s $52 (£40) Energy Bra.
Lululemon filed the suit in Delaware federal court earlier this month and legal proceeding between the American and Canadian companies is reportedly to go ahead in the United States.
Similar cases are now rare as it has become challenging to obtain a design patent. Intellectual property lawyer Christopher Larus told the Washington Post that he expects “a fair amount of focus on whether Lululemon’s designs are truly novel, or whether this is something that’s been done before.”
Lululemon told the Post: “Under Armour’s unauthorized acts have caused and will continue to cause irreparable damage to Lululemon and its business.”
A ruling on whether Lululemon will receive the patent is expected to take up to six months.
Under Armour was unavailable for comment when contacted by Lingerie Insight.