The yoga-centric athleticwear brand late last week dropped its patent infringement case against Under Armour, telling a federal Delaware court that both parties had agreed on dismissal of the case.
No explanation for the dismissal was given and Under Armour never responded to Lululemon’s complaint. Representatives of neither company could be reached for comment.
Lululemon launched the suit in July, accusing Under Armour of manufacturing and selling a sports bra too similar to the “innovative” Energy Bra” Lululemon developed, patented and have trade dress protection for.
The Canadian brand claimed Under Armour had four sports bra styles using elements of the Energy Bra, like technology and design, including the Eclipse Low Impact, Shape Low Impact, On the Move and Printed Strappy Bra, which sell online for between roughly $20 and $35.
The design at issue incorporates a sports bra with two thin shoulder straps that interweave across the back, which Lululemon received a design patent for first in 2014 and then again in 2016.
Given the popularity of the Energy Bra, Lululemon said its strappy trade dress has acquired secondary meaning because it “identifies the origin and source of the Energy Bra by virtue of Lululemon’s exclusive and continuous use of the trade dress,” according to the complaint.
The company went on to argue that Under Armour’s designs are “so similar” to those of Lululemon that they are “likely to cause confusion, mistake and deception” for consumers around which sports bras belong to which brand.
Moreover, Lululemon said Under Armour’s alleged copying “has been undertaken knowingly, willfully and in bad faith,” and it had asked the court to enjoin the sale of the bras.
But with the dismissal, Lululemon is forgoing all of these claims, and permanently. Lululemon dropped the case with prejudice, meaning it can’t revive the case in the future.
As of Monday, each of the four styles of Under Armour bra Lululemon took issue with were available online with Under Armour and various retailers.
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