Sports & Entertainment

Lululemon Sues Under Armour For Design Patent Infringement Based on Sport Bra Strap Design

On July 7th, athletic apparel company Lululemon Athletica filed suit against competitor Under Armour, alleging that three models of Under Armour sport bras infringed on design patents held by Lululemon as well as Lululemon’s trade dress.  Specifically, Lululemon asserted that the interwoven strap design on Under Armour’s products closely resembled designs protected by patents Lululemon filed in 2014 and 2016, as well as a design first sold by Lululemon in 2011 as part of its Energy Bra model.

Design patents typically do not offer wide protection for fashion products. While relatively cheap to obtain compared to utility patents, design patents typically still cost several thousand dollars to register.  Furthermore, design patents can only be obtained if an item has been on sale for less than a year and fashion designers often do not want to commit to a registration until and unless a design demonstrates that it will be a core product line going forward.  Trade dress, on the other hand, does not require any formal filing with the United States Patent and Trademark Office (USPTO). However, those seeking trade dress protection must also prove that the design has no functional component, as well as prove that the item conveys a distinctive secondary meaning to consumers that would be jeopardized by the sale of imitations.

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Hand Baldachin & Amburgey Adds Former CEO and Commissioner of Women’s Professional Soccer as Partner

NEW YORK, August 2014 – Hand Baldachin & Amburgey (HBA) is pleased to announce the addition of Jennifer Pogorelec O’Sullivan, former CEO and Commissioner of Women’s Professional Soccer (WPS), to the firm’s Sports & Entertainment practice group. Ms. O’Sullivan comes to HBA most recently from RSE Ventures, where she served as General Counsel and oversaw the corporate, legal and business affairs of RSE and its myriad portfolio companies. READ MORE