Vancouver-based Lululemon (“Lulu”), founded in 1998, is famously known for their boujee yoga-inspired activewear. Industry competitor Aliign Activation Wear (“Aliign”) filed suit against Lulu in the Central District of California back in mid-2020, primarily alleging that Lulu was infringing its Aliign trademark, which Aliign said it has been using since 2011. You see, Lulu rolled out a collection of “Align” branded yoga pants around 2015, though it claims to have used the Align mark on yoga mats dating back to 2008. Check out Lulu’s Align collection sold on their website:

In fact, this particular channel by which Lulu sells its Align collection was a critical factor in the lawsuit.  “The most significant factor in this case,” according to the federal appeals court, is “the way the companies’ respective products are marketed to and encountered by consumers.” Specifically, Lululemon “primarily sells its Align yoga pants through its own website and brick-and-mortar stores, with limited sales in select yoga studios.” 

Read how the Ninth Circuit Affirmed the lower court’s Judgment.

The trial court proceedings were conducted by long-time veteran of the court, Reagan-appointee, Judge Wilson.  Here is his Judgment in Favor of Lululemon 

Partner Marina L. Lang will be discussing this case on Monday 8/29/22 at noon at our Westlake Village office, in person and virtually, and 1 hour of MCLE credit is available. Please email biriele to reserve your spot. Yoga mats are optional.