Athletic Fashion Dispute in Race to Courthouse -

Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease and desist letter from Lululemon's counsel. It initially filed a declaratory judgement action for non-infringement in the Southern District of New York on November 24, 2021. Lululemon then filed its complaint for infringement of several design patents and trade dress in its bra and legging designs. Procedurally, expect to see the cases consolidated in New York.