Lululemon V Peloton - Complaint

Case 2:21-cv-09252 Document 1 Filed 11/29/21 Page 1 of 25 Page ID #:1
1 Craig S. Summers (SBN 108,688)

craig.summers@knobbe.com
2 Ali S. Razai (SBN 246,922)
ali.razai@knobbe.com
3 Susan M. Natland (SBN 198,100)
susan.natland@knobbe.com
4 Brandon G. Smith (SBN 307,676)
brandon.smith@knobbe.com
5 KNOBBE, MARTENS, OLSON & BEAR, LLP
6 2040 Main Street, Fourteenth Floor
Irvine, CA 92614
7 Telephone: (949) 760-0404
8 Facsimile: (949) 760-9502
9 Attorneys for Plaintiff
10 lululemon athletica canada inc.
11
IN THE UNITED STATES DISTRICT COURT
12
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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14
LULULEMON ATHLETICA ) Civil Action No. 2:21-CV-9252
15 CANADA INC., a Canadian )
corporation, )
16 ) COMPLAINT FOR PATENT
Plaintiff, ) INFRINGEMENT, TRADE DRESS
17 ) INFRINGEMENT, FALSE
v. ) DESGINATION OF ORIGIN,
18 ) PASSING OFF, AND UNFAIR
PELOTON INTERACTIVE, INC., ) COMPETITION
19 a Delaware corporation, )
)
20 Defendant. ) DEMAND FOR JURY TRIAL
)
21 )
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1 Plaintiff lululemon athletica canada inc., (“lululemon” or “Plaintiff”)

2 hereby complains of Defendant Peloton Interactive, Inc. (“Peloton” or
3 “Defendant”) and alleges as follows:
4 I. SUMMARY OF THE ACTION
5 1. lululemon is one of the world’s most iconic brands and one of the
6 leading designers and retailers of technical athletic apparel in the world.
7 2. lululemon employs its own designers who work tirelessly to design
8 and develop innovative products, including products for yoga, training, cycling,
9 running and other fitness activities. As a result, lululemon’s products are
10 instantly and universally recognized for their innovative and distinctive style.
11 3. Seeking to benefit from the popularity of lululemon’s products and
12 designs, in 2016 Peloton pursued a wholesale co-branding relationship with
13 lululemon. Under the relationship, lululemon supplied Peloton with some of
14 lululemon’s most innovative and popular athletic apparel. With lululemon’s
15 permission, Peloton applied its own trademarks to the apparel, alongside
16 lululemon’s distinctive and famous logo, and re-sold the co-branded apparel
17 through Peloton’s retail outlets, including Peloton showrooms and the Peloton
18 website.
19 4. Earlier this year, Peloton requested to end the co-branding
20 agreement, and lululemon stopped supplying Peloton with authentic lululemon
21 merchandise. Shortly thereafter, Peloton announced it was launching its own
22 product line. Unlike innovators such as lululemon, Peloton did not spend the
23 time, effort, and expense to create an original product line. Instead, Peloton
24 imitated several of lululemon’s innovative designs and sold knock-offs of
25 lululemon’s products, claiming them as its own. These knock-offs include
26 Peloton’s Strappy Bra, Cadent Laser Dot Legging, Cadent Laser Dot Bra, High
27 Neck Bra, and Cadent Peak Bra, which collectively infringe six different
28 lululemon patents. Peloton also began selling the One Lux Tight. Peloton’s One
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1 Lux Tight is another imitation of a lululemon product as it copies the trade dress
2 of lululemon’s Align pant, which is one of lululemon’s all-time best-selling
3 products.
4 5. The misappropriation of lululemon’s product designs was not a
5 coincidence. Alarmed by Peloton’s blatant misappropriation of its designs,
6 lululemon wrote to its former partner on November 11, 2021, and asked that
7 Peloton immediately stop selling its copy-cat products, which infringe
8 lululemon’s design patent and trade dress rights. lululemon also demanded that
9 Peloton confirm that it would cease its wrongful acts, otherwise lululemon
10 would file a lawsuit. A copy of the cease-and-desist letter is attached hereto as
11 Exhibit 1.
12 6. Peloton immediately wrote back and asked for more time, until
13 November 24, 2021. to substantively respond to lululemon’s demands. As a
14 good corporate citizen and out of consideration for the request from a former
15 partner, lululemon acquiesced and agreed to extend the deadline for Peloton to
16 respond.
17 7. However, it is now clear that Peloton’s request for an extension
18 was not made in good faith. On November 24, instead of simply substantively
19 responding to lululemon’s letter, Peloton filed a preemptory Declaratory
20 Judgment action in the Southern District of New York, attempting to improperly
21 wrestle away lululemon’s choice of forum.
22 8. In requesting the extension, Peloton gave lululemon the false
23 impression that it needed and would use the additional time to properly respond
24 to lululemon’s substantive allegations. Instead, Peloton used the delay to
25 secretly prepare its own complaint and preempt the lawsuit that lululemon had
26 so clearly threatened in its letter.
27 9. Within two business days, lululemon filed the instant action in its
28 chosen forum, the Central District of California. lululemon now seeks an
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1 injunction against Peloton’s further infringement of lululemon’s intellectual

2 property rights, as well as damages and other monetary relief for the
3 infringement.
4 II. JURISDICTION AND VENUE
5 10. This Court has original subject matter jurisdiction over the claims
6 in this action that relate to patent infringement, trade dress infringement, false
7 designation of origin, and federal unfair competition pursuant to 35 U.S.C.
8 §§ 271 and 281, 28 U.S.C. §§ 1331 and 1338, and 15 U.S.C. §§ 1116, 1121(a),
9 and 1125(a), as these claims all arise under the laws of the United States. The
10 Court has supplemental jurisdiction over the claims that arise under state
11 statutory and common law pursuant to 28 U.S.C. § 1367(a) because the state
12 law claims are so related to the federal claims that they form part of the same
13 case or controversy and derive from a common nucleus of operative fact.
14 11. This Court has personal jurisdiction over Defendant because
15 Defendant has several retail locations in this judicial district and has a
16 continuous, systematic, and substantial presence within this judicial district.
17 12. For example, Defendant’s website, www.onepeloton.com, shows
18 that Defendant has twelve separate retail locations in California, with the
19 majority of these retail locations within this judicial district. With seven retail
20 locations in this judicial district, Peloton has more retail locations in this judicial
21 district than in any other, including the Southern District of New York.
22 13. Defendant has been selling and offering for sale infringing products
23 in this judicial district, and committing acts of infringement in this judicial
24 district, including but not limited to, selling infringing products to consumers
25 and/or retailers through its retail locations in this district and its website and
26 selling into the stream of commerce knowing such products would be sold in
27 California and this judicial district. These acts form a substantial part of the
28 events or omissions giving rise to lululemon’s claims.
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1 14. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)

2 and 1400(b) because Defendant has a principal place of business located within
3 this judicial district, because Defendant has committed acts of infringement by
4 offering to sell and/or selling infringing products in this judicial district, and
5 because Defendant has a regular and established place of business in this
6 judicial district.
7 III. THE PARTIES
8 15. Plaintiff lululemon athletica canada, inc. is a Canadian corporation
9 having its principal place of business at 1818 Cornwall Avenue, Vancouver
10 British Columbia V6J1C7, Canada.
11 16. lululemon is informed and believes and based thereon alleges that
12 Defendant Peloton Interactive, Inc. is a Delaware corporation having its
13 principal place of business at 441 Ninth Avenue, 6th Floor, New York, New
14 York 10001.
15 IV. GENERAL ALLEGATIONS
16 17. lululemon invests heavily in product innovation and design and
17 secures intellectual property rights to protect those investments and to prevent
18 others from imitating lululemon’s innovative designs.
19 18. On July 29, 2014, the United States Patent and Trademark Office
20 (“USPTO”) duly and lawfully issued United States Design Patent No. D709,668
21 (the “D668 Patent”), titled “BRA.” A copy of the D668 Patent is attached as
22 Exhibit 2.
23 19. On June 28, 2016, the USPTO duly and lawfully issued United
24 States Design Patent No. D759,942 (the “D942 Patent”), titled “BRA.” A copy
25 of the D942 Patent is attached as Exhibit 3.
26 20. On October 3, 2017, the USPTO duly and lawfully issued United
27 States Design Patent No. D798,539 (the “D539 Patent”), titled “PANTS.” A
28 copy of the D539 Patent is attached as Exhibit 4.
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1 21. On December 25, 2018, the USPTO duly and lawfully issued
2 United States Design Patent No. D836,291 (the “D291 Patent”), titled “BRA.”
3 A copy of the D291 Patent is attached as Exhibit 5.
4 22. On December 1, 2020, the USPTO duly and lawfully issued United
5 States Design Patent No. D903,233 (the “D233 Patent”), titled “GARMENT.”
6 A copy of the D233 Patent is attached as Exhibit 6.
7 23. On July 6, 2021, the USPTO duly and lawfully issued United
8 States Design Patent No. D923,914 (the “D914 Patent”), titled “BRA.” A copy
9 of the D914 Patent is attached as Exhibit 7.
10 24. lululemon owns all right, title, and interest in each of the D668,
11 D942, D539, D291, D233, and D914 Patents (collectively, the “lululemon
12 Patents”).
13 25. Defendant manufactures, uses, sells, offers for sale, and/or imports
14 into the United States apparel that infringe each of the lululemon Patents.
15 26. On November 11, 2021, lululemon sent Defendant a cease-and-
16 desist letter demanding that Defendant cease infringing lululemon’s intellectual
17 property rights, including the lululemon Patents. Defendant, thus, had actual
18 notice of each of the lululemon Patents at least as early as November 11, 2021.
19 27. lululemon sells pants in the United States under the mark
20 LULULEMON ALIGN bearing a distinctive trade dress in the overall design of
21 the pant (the “Align Trade Dress”). An example of the Align Trade Dress is
22 depicted below.
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13 28. The Align Trade Dress includes but is not limited to a pair of tight
14 athleisure pants having a waistband and stitching as shown in the example
15 above.
16 29. lululemon products bearing the Align Trade Dress are sold around
17 the world, including online and through over 500 lululemon stores in seventeen
18 countries.
19 30. lululemon promotes its products bearing the Align Trade Dress
20 including through its website and social media sites.
21 31. lululemon has derived revenue exceeding hundreds of millions of
22 dollars in the United States alone from sales of products bearing the Align Trade
23 Dress.
24 32. As a result of lululemon’s widespread use and display of the Align
25 Trade Dress in association with its pants, (a) the public has come to recognize
26 and identify pants bearing the Align Trade Dress as emanating from lululemon,
27 (b) the public recognizes that pants bearing the Align Trade Dress constitute
28 high quality products that conform to the specifications created by lululemon,
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1 and (c) the Align Trade Dress has established strong secondary meaning and
2 extensive goodwill.
3 33. The Align Trade Dress is not functional. The design features
4 embodied by the Align Trade Dress are not essential to the function of the
5 product. Athleisure pants can have many different forms, styles, and shapes.
6 There are numerous alternative shapes and designs for athleisure pants.
7 34. There are hundreds of third-party athleisure pants available in the
8 marketplace, including from companies like Alo®, Gaiam®, Athleta®, and
9 Zella®. These commercial alternatives show that there are many different
10 design decisions that go into designing athleisure pants and that the Align Trade
11 Dress is the result of decisions regarding ornamentation. Examples of
12 commercially available alternatives are extensive and can be found even on
13 lululemon and Peloton’s respective websites. Further, lululemon’s exclusive
14 right to use the Align Trade Dress will not put competitors at a significant non-
15 reputation related disadvantage because there are numerous alternative designs.
16 35. Further, the design features of the Align Trade Dress are not
17 comparatively simple or inexpensive to manufacture. The design features of the
18 Align Trade Dress do not affect the quality of the product. The design of the
19 Align Trade Dress is not a competitive necessity.
20 36. Subsequent to lululemon’s use and adoption of the Align Trade
21 Dress, Defendant developed, manufactured, imported, advertised, and/or sold
22 pants that use a design that is confusingly similar to the Align Trade Dress.
23 37. Defendant manufactures, uses, sells, offers for sale, promotes,
24 advertises and/or imports into the United States the One Lux Tight, which
25 infringes the Align Trade Dress. An example of the One Lux Tight is shown
26 below.
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28 ///
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14 Defendant intended to blatantly copy lululemon’s proprietary designs and pass
15 off its goods as lululemon’s high quality products to misappropriate the
16 immense goodwill that lululemon has spent enormous time, effort, and expense
17 to cultivate in the marketplace.
18 39. Defendant uses a design that is confusingly similar to lululemon’s
19 Align Trade Dress in connection with identical athleisure pants sold to identical
20 customers and through overlapping channels of trade and marketing channels,
21 such as the Peloton website. Defendant’s use of the Align Trade Dress in
22 commerce is likely to cause confusion, cause mistake, and to deceive as to an
23 affiliation, connection, or association of Defendant and/or its products with
24 lululemon, when there is none.
26 Defendant was aware of lululemon, its products, its proprietary designs, and its
27 intellectual property rights long before selling products that infringe the
28 lululemon Patents and the Align Trade Dress, including for example because of
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1 the November 11, 2021 letter, the parties’ co-branding relationship, and because
2 lululemon is one of the most famous athleisure companies in the world.
3 41. Defendant’s acts complained of herein have caused lululemon to
4 suffer irreparable injury to its business. lululemon will continue to suffer
5 substantial loss and irreparable injury unless and until Defendant is enjoined
6 from its wrongful actions complained of herein.
8 Defendant’s acts complained of herein are willful and deliberate.
9 V. FIRST CLAIM FOR RELIEF
10 (Patent Infringement)
11 (35 U.S.C. § 271)
12 43. lululemon repeats and re-alleges the allegations of paragraphs 1-26
13 and 40-42 of this Complaint as if set forth fully herein.
14 44. This is a claim for patent infringement under 35 U.S.C. § 271.
15 45. Defendant, through its agents, employees, and servants has, and
16 continues to, knowingly, intentionally, and willfully infringe the D668 and
17 D942 Patents by making, using, selling, offering for sale, and/or importing
18 products having a design that is substantially similar to the claimed designs of
19 each of the D668 and D942 Patents, including for example, Defendant’s Strappy
20 Bra, which has been sold and/or offered for sale through Defendant’s retail
21 locations and/or on Defendant’s website.
22 46. The table below shows a side-by-side visual comparison of
23 exemplary figures from the D668 and D942 Patents, respectively, and
24 Defendant’s Strappy Bra.
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1 Defendant’s Strappy Bra lululemon Patents

U.S. Design Patent No. D709,668
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17 47. As an example, the table above establishes that in the eye of an
18 ordinary observer, giving such attention as a purchaser usually gives, the design
19 of Defendant’s Strappy Bra is substantially the same as the claimed designs of
20 each of the D668 and D942 Patents, because the resemblance is such as to
21 deceive such an observer inducing them to purchase one supposing it to be the
22 other.
24 continues to, knowingly, intentionally, and willfully infringe the D539 Patent by
25 making, using, selling, offering for sale, and/or importing products having a
26 design that is substantially similar to the claimed design of the D539 Patent,
27 including for example, Defendant’s Cadent Laser Dot Legging, which has been
28 sold and/or offered for sale through Defendant’s retail locations and/or on
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1 Defendant’s website.
2 49. The table below shows a side-by-side visual comparison of an
3 exemplary figure from the D539 Patent and Defendant’s Cadent Laser Dot
4 Legging.
5 Defendant’s Cadent Laser Dot Legging U.S. Design Patent No. D798,539
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20 of Defendant’s Cadent Laser Dot Legging is substantially the same as the
21 claimed design of the D539 Patent, because the resemblance is such as to
22 deceive such an observer inducing them to purchase one supposing it to be the
23 other.
28 including for example, Defendant’s Cadent Laser Dot Bra, which has been sold
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1 and/or offered for sale through Defendant’s retail locations and/or on

3 52. The table below shows a side-by-side visual comparison of
4 exemplary figures from the D291 Patent and Defendant’s Cadent Laser Dot Bra.
5 Defendant’s Cadent Laser Dot Bra U.S. Design Patent No. D836,291
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21 of Defendant’s Cadent Laser Dot Bra is substantially the same as the claimed
22 design of the D291 Patent, because the resemblance is such as to deceive such
23 an observer inducing them to purchase one supposing it to be the other.
28 including for example, Defendant’s High Neck Bra, which has been sold and/or
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1 offered for sale through Defendant’s retail locations and/or on Defendant’s

2 website.
4 exemplary figure from the D233 Patent and Defendant’s High Neck Bra.
5 Defendant’s High Neck Bra U.S. Design Patent No. D903,233
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22 of Defendant’s High Neck Bra is substantially the same as the claimed design of
23 the D233 Patent, because the resemblance is such as to deceive such an observer
24 inducing them to purchase one supposing it to be the other.
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1 including for example, Defendant’s Cadent Peak Bra, which has been sold
2 and/or offered for sale through Defendant’s retail locations and/or on
5 exemplary figure from the D914 Patent and Defendant’s Cadent Peak Bra.
6 Defendant’s Cadent Peak Bra U.S. Design Patent No. D923,914
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22 of Defendant’s Cadent Peak Bra is substantially the same as the claimed design
23 of the D914 Patent, because the resemblance is such as to deceive such an
24 observer inducing them to purchase one supposing it to be the other.
25 60. Defendant’s acts of infringement of the lululemon Patents were
26 undertaken without permission or license from lululemon.
27 61. Defendant had actual knowledge of lululemon’s rights in each of
28 the lululemon Patents. lululemon and its iconic designs are well-known
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1 throughout the industry and Defendant’s infringing products are nearly identical
2 copies of lululemon’s design. Accordingly, Defendant’s actions constitute
3 willful and intentional infringement of each of the lululemon Patents.
4 Defendant infringed the lululemon Patents with reckless disregard of
5 lululemon’s patent rights. Defendant knew, or it was so obvious that Defendant
6 should have known, that its actions constituted infringement of each of the
7 lululemon Patents. Defendant’s acts of patent infringement were not consistent
8 with the standards of commerce for its industry.
9 62. As a direct and proximate result of Defendant’s acts of
10 infringement, Defendant has derived and received gains, profits, and advantages
11 in an amount that is not presently known to lululemon.
12 63. Pursuant to 35 U.S.C. § 284, lululemon is entitled to damages for
13 Defendant’s infringing acts and treble damages together with interests and costs
14 as fixed by this Court.
15 64. Pursuant to 35 U.S.C. § 285, lululemon is entitled to reasonable
16 attorneys’ fees for the necessity of bringing this claim.
17 65. Pursuant to 35 U.S.C. § 289, lululemon is entitled to recovery of
18 Defendant’s total profits from Defendant’s infringement of lululemon’s design
19 patents.
20 66. Due to the aforesaid infringing acts, lululemon has suffered great
21 and irreparable injury, for which it has no adequate remedy at law.
22 67. Defendant will continue to willfully infringe lululemon’s patent
23 rights to lululemon’s great and irreparable injury unless enjoined by this Court.
24 VI. SECOND CLAIM FOR RELIEF
25 (Trade Dress Infringement)
26 (15 U.S.C. § 1125(a))
28 and 26-42 of this Complaint as if set forth fully herein.
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1 69. This is a claim for trade dress infringement under 15 U.S.C.

2 § 1125(a).
3 70. Subsequent to lululemon’s use and adoption of the Align Trade
4 Dress, and the development of secondary meaning in that trade dress, Defendant
5 developed, manufactured, imported, advertised, and/or sold pants that use trade
6 dress that is confusingly similar to the Align Trade Dress, for example the One
7 Lux Tight.
8 71. Defendant’s use of the Align Trade Dress in connection with
9 products identical to lululemon’s products and sold to the same customers
10 through overlapping channels of trade is likely to cause confusion, or to cause
11 mistake, or to deceive as to the affiliation, connection, or association of
12 Defendant with lululemon.
14 Defendant infringed lululemon’s trade dress rights with the intent to unfairly
15 compete with lululemon, to trade upon lululemon’s reputation and goodwill by
16 causing confusion and mistake among customers and the public, and to deceive
17 the public into believing that Defendant’s products are associated with,
18 sponsored by, originated from, or are approved by lululemon, when they are not.
19 lululemon does not and cannot control the quality of Defendant’s goods bearing
20 lululemon’s Align Trade Dress. If consumers are confused into mistakenly
21 believing that lower quality goods emanate from lululemon because they bear
22 lululemon’s trade dress, the immense goodwill that lululemon has spent
23 enormous time, effort, and expense to cultivate in the marketplace will erode
24 and lululemon will suffer irreparable harm to its reputation.
25 73. Defendant’s activities constitute willful and intentional
26 infringement of lululemon’s trade dress rights in total disregard of lululemon’s
27 proprietary rights and were done despite Defendant’s knowledge that use of the
28 Align Trade Dress was, and is, in direct contravention of lululemon’s rights.
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1 74. lululemon is informed and believes and based thereon, alleges that
2 Defendant has derived and received, and will continue to derive and receive,
3 gains, profits, and advantages from Defendant’s trade dress infringement in an
4 amount that is not presently known to lululemon. By reason of Defendant’s
5 actions, constituting trade dress infringement, lululemon has been damaged and
6 is entitled to monetary relief in an amount to be determined at trial.
7 75. Pursuant to 15 U.S.C. § 1117, lululemon is entitled to recover (1)
8 Defendant’s profits, (2) any damages sustained by lululemon, and (3) the costs
9 of this action. In assessing damages, the Court may enter judgment up to three
10 times actual damages, and in awarding profits, the Court may in its discretion
11 enter judgment for such sum as the court shall find to be just, according to the
12 circumstances of the case. The Court may also award lululemon its reasonable
13 attorneys’ fees for the necessity of bringing this claim in this exceptional case.
14 76. Due to Defendant’s actions, constituting trade dress infringement,
15 lululemon has suffered great and irreparable injury, for which lululemon has no
16 adequate remedy at law.
17 77. Defendant will continue to infringe lululemon’s trade dress rights
18 to the great and irreparable injury of lululemon, unless and until Defendant is
19 enjoined by this Court.
20 VII. THIRD CLAIM FOR RELIEF
21 (False Designation Of Origin, Passing Off, & Federal Unfair Competition)
22 (15 U.S.C. § 1125(a))
24 of this Complaint as if set forth fully herein.
25 79. This is a claim for false designation of origin, passing off, and
26 unfair competition under 15 U.S.C. § 1125(a).
27 80. Defendant’s use of the Align Trade Dress, without lululemon’s
28 consent, constitutes false designation of origin, false or misleading description
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1 of fact, or false or misleading representation of fact, which is likely to cause

2 confusion, or to cause mistake, or to deceive as to the affiliation, connection, or
3 association of such entity with another entity, or as to the origin, sponsorship, or
4 approval of its goods or commercial activities by another entity in violation of
5 15 U.S.C. § 1125(a).
6 81. Defendant’s use of the Align Trade Dress, without lululemon’s
7 consent, constitutes a false designation of origin, false or misleading description
8 of fact, or false or misleading representation of fact, which in commercial
9 advertising or promotion, misrepresents the nature, characteristics, qualities, or
10 geographic origin of their products or commercial activities in violation of
11 15 U.S.C. § 1125(a).
12 82. As set forth for example herein, Defendant has sold and/or offered
13 for sale imitations of lululemon’s iconic designs, including through its retail
14 locations and/or its own website. These copycat products include, for example,
15 Defendant’s One Lux Tight, Strappy Bra, Cadent Laser Dot Legging, Cadent
16 Laser Dot Bra, High Neck Bra, and Cadent Peak Bra (collectively, “Peloton
17 Imitations”).
18 83. By selling copies of lululemon’s designs, including the Peloton
19 Imitations, through the same retail outlets that Defendant has used to sell co-
20 branded lululemon products, Defendant has created a false or misleading
21 description of fact, or false or misleading representation of fact, which is likely
22 to cause confusion, or to cause mistake, or to deceive as to the affiliation,
23 connection, or association of Defendant and its products, including the Peloton
24 Imitations, with lululemon, or as to the origin, sponsorship, or approval of
25 Defendant’s products or commercial activities by lululemon in violation of
26 15 U.S.C. § 1125(a).
28 Defendant has intended to closely copy lululemon’s proprietary designs and
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1 pass off its goods as lululemon’s high quality products to misappropriate the
2 immense goodwill that lululemon has spent enormous time, effort, and expense
3 to cultivate in the marketplace.
5 Defendant’s acts of false designation of origin, passing off, and unfair
6 competition have been willful and without regard to lululemon’s rights.
7 86. Pursuant to 15 U.S.C. § 1117, lululemon is entitled to recover (1)
8 Defendant’s profits, (2) any damages sustained by lululemon, and (3) the costs
9 of the action. In assessing damages, the Court may enter judgment up to three
10 times actual damages, and in awarding profits, the Court may in its discretion
11 enter judgment for such sum as the Court finds to be just, according to the
12 circumstances of the case. The Court may also award lululemon its reasonable
13 attorneys’ fees for the necessity of bringing this claim in this exceptional case.
14 87. lululemon has been damaged by Defendant’s conduct in an amount
15 to be determined at trial.
16 88. Due to Defendant’s actions, constituting false designation of origin,
17 false or misleading statements, false or misleading description of fact, false or
18 misleading representations of fact, passing off, and unfair competition,
19 lululemon has suffered and continues to suffer great and irreparable injury, for
20 which lululemon has no adequate remedy at law.
21 89. Defendant will continue its false designation of origin, false or
22 misleading statements, false or misleading description of fact, false or
23 misleading representations of fact, passing off, and unfair competition, unless
24 and until Defendant is enjoined by this Court.
25 VIII. FOURTH CLAIM FOR RELIEF
26 (California Business & Professions Code § 17200 et seq.)
28 of this Complaint as if set forth fully herein.
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1 91. This claim is for unfair competition, arising under California

2 Business & Professions Code § 17200, et seq. and California common law.
3 92. Defendant’s acts of trade dress infringement, false designation of
4 origin, and passing off complained of herein constitute unfair competition with
5 lululemon under the common law and statutory laws of the State of California,
6 particularly California Business & Professions Code § 17200, et seq.
8 Defendant has derived and received, and will continue to derive and receive,
9 gains, profits, and advantages from Defendant’s unfair competition in an
10 amount that is not presently known to lululemon. By reason of Defendant’s
11 wrongful acts as alleged herein, lululemon has been damaged and is entitled to
12 monetary relief in an amount to be determined at trial.
13 94. By its actions, Defendant has injured and violated lululemon’s
14 rights and has irreparably injured lululemon, and such irreparable injury will
15 continue unless Defendant is enjoined by this Court.
16 PRAYER FOR RELIEF
17 WHEREFORE, lululemon prays for judgment in its favor and against
18 Defendant for the following relief:
19 A. An Order adjudging Defendant to have willfully infringed the
20 D668 Patent under 35 U.S.C. § 271;
21 B. An Order adjudging Defendant to have willfully infringed the
23 C. An Order adjudging Defendant to have willfully infringed the
25 D. An Order adjudging Defendant to have willfully infringed the
27 E. An Order adjudging Defendant to have willfully infringed the
- 20 -
1 F. An Order adjudging Defendant to have willfully infringed the

3 G. A preliminary and permanent injunction enjoining Defendant, its
4 officers, directors, agents, servants, employees, and attorneys, and those persons
5 in active concert or participation with Defendant, from (1) making, using,
6 selling, offering to sell, and/or importing the Strappy Bra, the Cadent Laser Dot
7 Legging, the Cadent Laser Dot Bra, the High Neck Bra, or the Cadent Peak Bra,
8 and (2) infringing any of the lululemon Patents in violation of 35 U.S.C. § 271;
9 H. An Order that Defendant pay to lululemon actual damages in the form
10 of lost profits, or in the alternative, other damages adequate to compensate for
11 the infringement of lululemon’s patents, but in no event less than a reasonable
12 royalty for the use made of the lululemon Patents by Defendant, in accordance
13 with 35 U.S.C. § 284, including enhanced damages and/or, at lululemon’s
14 election, Defendant’ total profits as a result of Defendant’ infringement of the
15 lululemon Patents, pursuant to 35 U.S.C. § 289;
16 I. An Order awarding pre-judgment and post-judgement interest and
17 costs as fixed by the Court for Defendant’s acts of patent infringement;
18 J. An Order that Defendant’s acts of patent infringement be deemed
19 willful;
20 K. An Order adjudging that this case is exceptional under 35 U.S.C.
21 § 285 and ordering Defendant to pay to lululemon its reasonable attorney fees
22 incurred in this action;
23 L. That the Court render a final judgment that Defendant has willfully
24 infringed the Align Trade Dress, falsely designated the origin of its goods,
25 passed off its goods as lululemon’s, and unfairly competed with lululemon, all
26 in violation of 15 U.S.C. § 1125(a);
27 M. That the Court render a final judgment that Defendant has violated
28 California Business & Professions Code §§ 17200, et seq. and California
- 21 -
1 common law by willfully committing trade dress infringement, falsely

2 designating the origin of its goods, passing off its goods as lululemon’s, and
3 unfairly competing with lululemon;
4 N. That Defendant, its agents, servants, employees, successors, assigns
5 and attorneys and any related companies, and all persons in active concert or
6 participation with one or more of them, be preliminarily and permanently
7 enjoined and restrained from:
8 (i) using the Align Trade Dress or any other trade dress that is
9 confusingly similar to the Align Trade Dress, for example the One
10 Lux Tight;
11 (ii) falsely designating the origin of Defendant’s goods;
12 (iii) passing off Defendant’s goods as those of lululemon,
13 including for example selling Peloton Imitations;
14 (iv) unfairly competing with lululemon in any manner
15 whatsoever; and
16 (v) causing a likelihood of confusion or injuries to lululemon’s
17 business reputation.
18 O. That Defendant be directed to file with this Court and serve on
19 lululemon within thirty (30) days after the service of the injunction, a report, in
20 writing, under oath, setting forth in detail the manner and form in which it has
21 complied with the injunction pursuant to 15 U.S.C. § 1116;
22 P. That the Court award lululemon its reasonable costs, expenses, and
23 attorneys’ fees pursuant to at least 15 U.S.C. § 1117;
24 Q. Such other and further relief as this Court may deem just and proper.
25 ///
26 ///
27 ///
28 ///
- 22 -
1 Respectfully submitted,
3
4 Dated: November 29, 2021 By: /s/ Ali S. Razai
Craig S. Summers
5 Ali S. Razai
Susan M. Natland
6 Brandon G. Smith
7
Attorneys for Plaintiff
8 LULULEMON ATHLETICA CANDADA INC.
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- 23 -
1 DEMAND FOR JURY TRIAL

2 Plaintiff hereby demands a trial by jury on all issues so triable.
3
4 Respectfully submitted,
6
7 Dated: November 29, 2021 By: /s/ Ali S. Razai
Craig S. Summers
8 Ali S. Razai
Susan M. Natland
9 Brandon G. Smith
10
Attorneys for Plaintiff
11 LULULEMON ATHLETICA CANDADA INC.
12
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- 24 -
Case 2:21-cv-09252 Document 1-1 Filed 11/29/21 Page 1 of 10 Page ID #:26
EXHIBIT 1
Knobbe Martens
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main St., 14th Fl., Irvine, CA 92614

T (949) 760-0404
Ali S. Razai
Ali.Razai@knobbe.com
November 11, 2021

VIA FEDERAL EXPRESS
Hisao Kushi
Chief Legal Officer
Peloton Interactive, Inc.
125 West 25 th Street, 11 th Floor
New York, New York 10001
Re: lululemon athletica canada inc.'s ("lululemon") Intellectual Property Rights
Dear Mr. Kushi:
We represent lululemon in connection with its intellectual property matters. We write regarding
Peloton's infringement of lululemon's patent and trade dress rights as well as Peloton's possible
misappropriation of lululemon' s trade secret rights.
As you know, lululemon is one of the world's most iconic brands. The company is a leading
designer and retailer of technical athletic apparel, including products for yoga, training, cycling, running
and other fitness activities. lululemon's designers work tirelessly to design and develop innovative
products that will appeal to its customers and prospective customers. lululemon's products are instantly
and universally recognized for their innovation and distinctive style.
Recognizing the popularity and quality of lululemon's products and designs, Peloton worked
with lululemon to sell co-branded lululemon apparel through Peloton's retail outlets, including Peloton's
website. When Peloton's relationship with lululemon ended, Peloton started selling its own copies of
lululemon's iconic products, including for example Peloton's Strappy Bra, Cadent Laser Dot Legging,
Cadent Laser Dot Bra, High Neck Bra, and Cadent Peak Bra. These copies of lululemon's products
infringe lululemon's patent rights, including U.S. Design Patent Nos. D709,668, D759,942, D798,539,
D836,291, D903,233, and D923,914 (collectively, the "lululemon Patents"), as shown in Appendix A.
The Federal Circuit has held that a design patent is infringed if the accused product looks
substantially similar, in light of the existing prior art, to the patented design in the eyes of an ordinary
observer. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 682-83 (Fed. Cir. 2008). As can be seen
in the side-by-side comparisons of representative figures from the lululemon Patents and photographs of
Peloton's accused products shown in Appendix A, Peloton's copies of lululemon products are more than
just "substantially similar" to lululemon's patented designs.
Peloton has also copied the trade dress of lululemon's highly distinctive lululemon Align pant.
lululemon introduced the lululemon Align pant in 2015, and it quickly became one of the most iconic
products in the space. The lululemon Align pant is now one of the best-selling athletic pant designs in
history. The design of the lululemon Align pant has become uniquely associated with lululemon and
INTELLECTUAL PROPERTY+ recHNoLooy LAw I knobbe.com

- 25 - Exhibit 1
Hisao Kushi
Knobbe Martens Page 2
serves as its trade dress. As shown in Appendix B, Peloton's One Luxe Tight uses the lululemon Align
Trade Dress. This is likely to cause confusion, mistake, or deception as to the affiliation, connection,
association, or sponsorship of the infringing product with lululemon.
lululemon has an important duty to its customers and the public to protect the integrity of its
brands and to ensure that customers and the public are not mistakenly confused as to the source of goods
or services provided under its trade dress. Peloton's infringing use of lululemon's Align trade dress is
likely to confuse the relevant public and severely damage lululemon's hard-earned reputation, goodwill,
and its iconic brand.
lululemon demands that Peloton immediately stop infringing the lululemon Patents and the Align
Trade Dress and that you provide an accounting of all sales and distribution of the above-identified
infringing products.
During the course of the parties' relationship, Peloton was bound by lululemon's strategic sales
retailer agreement ("Agreement"), which governed the parties' co-branding arrangement. Under the
Agreement, Peloton was, for example, obligated to maintain the confidentiality of and not make any
unauthorized use of lululemon's proprietary, confidential, and/or trade secret information, including for
example lululemon's confidential technical information, designs, know-how, and methodology.
lululemon's inspection of Peloton's infringing products indicates that Peloton may have used
lululemon's proprietary and trade secret information in creating at least the Peloton products identified
in this letter. This information includes, for example, lululemon's confidential designs, specifications,
and other proprietary technical information that lululemon shared with Peloton under the Agreement.
Pursuant to the Agreement, lululemon demands that Peloton immediately return all originals and
copies of any information, records and materials lululemon exchanged with Peloton as well as any
information developed therefrom ("lululemon Materials"). lululemon further demands that Peloton
describe in detail how the lululemon Materials were maintained by Peloton, provide technical logs that
identify who accessed any of the lululemon Materials, and provide the title and job description for each
such person. lululemon also demands that you provide all email communications that attach, reference,
or discuss any lululemon Materials. Once Peloton provides this accounting, lululemon will provide
additional requirements so it can ensure that its proprietary and trade secret information is properly
safeguarded.
Please provide this information and confirm by November 19, 2021, that you will fully comply
with lululemon's requests herein, otherwise lululemon will file a Complaint for patent and trade dress
infringement and trade secret misappropriation in federal court.
knobbe.com
- 26 - Exhibit 1
Hisao Kushi
Knobbe Martens Page 3
Nothing in this letter shall be construed to constitute an express or implied waiver of any rights
or remedies that lululemon may have or hereafter obtain in connection with this matter, all of which are
hereby expressly reserved . In addition, this letter is not intended to be a complete recitation of the facts
or causes of action relating to this matter.
Very truly yours,
Ali S. Razai
Enclosures:
Appendix A
Appendix B
U.S. Design Patent No. 0709,668
U.S . Design Patent No. 0836,291
U.S. Design Patent No. 0903 ,233
U.S. Design Patent No. 0923 ,914
54504369
knobbe.com
- 27 - Exhibit 1
APPENDIX A
Peloton Strappy Bra
Accused Product lululemon Patent

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- 28 - Exhibit 1
APPENDIX A
Cadent Laser Dot Legging

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APPENDIX A
Peloton High Neck Bra
- 31 - Exhibit 1
APPENDIX A
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- 32 - Exhibit 1
APPENDIX B
Peloton Strappy Bra
One Lux Ti ht lululemon Ali n® Trade Dress
54570767
- 33 - Exhibit 1
EXHIBIT 2
11111111111111111 111111111111111 IIIII 111111111111111 IIIII IIIIIII II IIIII IIII

US00D709668S
c12) United States Design Patent (10) Patent No.: US D709,668 S

Martz (45) Date of Patent: ** Jul. 29, 2014
(54) BRA Primary Examiner - Karen E Eldridge Powers

(7 4) Attorney, Agent, or Finn - McCarthy Tetrault LLP
(75) Inventor: 'Natalie Anne Martz, Vancouver (CA)
(73) Assignee: Lululemon Athletica Canada Inc.,

Vancouver (CA) (57) CLAIM
(**) Term: 14 Years The ornamental design for a bra, as shown and described.
(21) Appl. No.: 29/417,022
(22) Filed: Mar. 29, 2012 DESCRIPTION

(51) LOC (10) Cl. ................................................ 02-01
(52) U.S. CI. FIG.1 is a front view ofa bra according to a first embodiment
USPC . ... ... ... .. ... ... ... ... ... ..... ......... ... ............... D21708 of the design;
(58) Field of Classification Search FIG. 2 is a rear view thereof;
ere ............................ A41C 3/0057; A41C 3/0014 FIG. 3 is a right side view thereof;
USPC .......... D21700, 701, 702, 703, 704, 705, 706, FIG. 4 is a left side view thereof;
D21707, 708, 709, 710, 731, 737, 793, 829, FIG. 5 is a top view thereof;
D2/841; 2/67, 69, 104, 109; 450/1, 2, 34, FIG. 6 is a front perspective view thereof;
450/86
FIG. 7 is a rear view of a bra according to a second embodi-
See application file for complete search history.
ment of the design, the front, left side, top, m1d front perspec-
(56) References Cited tive views being the same as FIGS. 1 and 4-6, respectively;
and,
U.S. PATENT DOCUMENTS FIG. 8 is a right side view thereof.
The symbol depicted in FIGS. 7-8 forming part of the claimed
D635,329 S * 4/2011 Wahl et al. ..................... D21706 design is a registered trademark of Lululemon Athletica
2009/0270013 Al'' 10/2009 Clair et al. ...................... 450/30 Canada Inc.
2014/0031775 Al* 1/2014 Criss ............................. 604/355
* cited by exmniner 1 Claim, 8 Drawing Sheets
- 34 - Exhibit 2
U.S. Patent Jul. 29, 2014 Sheet 1 of 8 US D709,668 S
- 35 - Exhibit 2
- 36 - Exhibit 2
US D709,668 S
U.S. Patent Jul. 29, 2014 Sheet 3 of 8
- 37 - Exhibit 2
U.S. Patent Jul. 29, 2014 Sheet4 of8 US D709,668 S
,1
- 38 - Exhibit 2
U.S. Patent Jul. 29, 2014 Sheet 5 of8 US D709,668 S
- 39 - Exhibit 2
I.O
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u:
- 40 - Exhibit 2
- 41 - Exhibit 2
co
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ii:
I'
- 42 - Exhibit 2
EXHIBIT 3
I 1111111111111111 lllll 111111111111111 111111111111111

US00D759942S
IIIII IIIIIII I IIIII IIII
02) United States Design Patent (10) Patent No.: US D759,942 S

Martz (45) Date of Patent: ** *Jun. 28, 2016
(54) BRA 8,128,457 B2 * 3/2012 Reinisch et al. ................ 450/59

8,182,310 B2 * 5/2012 Clair et al. ...................... 450/30
(71) Applicant: lululemon athletica canada inc., D671,296 S • 11/2012 Iamartino ...................... D2/708
D671,297 S * 11/2012 Iamartino ...................... D2/708
Vancouver (CA) 8,465,341 B2 • 6/2013 Shashy ........................... 450/39
8,550,872 B2 * 10/2013 Upton et al. .................... 450/66
(72) Inventor: Natalie Anne Martz, Vancouver (CA) D708,821 S * 7/2014 lamartino ...................... D2/708
D709,668 S * 7/2014 Martz ............................ D2/708
(73) Assignee: lululemon athletica canada inc., 2008/0194179 Al* 8/2008 Leung .. ,.......................... 450/31
Vancouver (CA) 2009/0270013 Al 10/2009 Clair et al.
2013/0203319 Al* 8/2013 Torres et al. .................... 450/59
2014/0031775 Al 1/2014 Criss
( * ) Notice: This patent is subject to a tenninal dis- 2015/0079876 Al* 3/2015 Betts ,.............................. 450/78
claimer,
OTHER PUBLICATIONS
(**) Term: 14 Years
"Angel Blue Energy Bra," blog posted on-line on Jul. 30, 2012.
(21) Appl. No.: 29/493,984 Retrieved from the internet on Apr. 17, 2015. URL: http://lulumum.
blogspot.com/2012/07/angel-bl ue-energy-bra.html. ( 1 page).*
(22) Filed: Jun.16,2014
* cited by examiner
Related U.S. 'Application Data Primary Examiner - Karen E. Eldridge Powers
(63) Continuation of application No. 29/417,022, filed on Assistant Examiner - Jasmine Mlinarcik
Mar. 29, 2012, now Pat. No. Des. 709,668. (74) Attorney, Agent, or Firm - McCarthy Tetrault LLP
(51) LOC (10) Cl . ................................................ 02-01
(57) CLAIM
(52) U.S. Cl. .
The ornamental design for a bra, as shown and described.
USPC ........................................................... D21708
(58) Field of Classification Search DESCRIPTION
USPC .......... D21701, 702, 703, 704, 705, 706, 707,
D2/708, 709,710,731,736,737,793,829, FIG. 1 is a front elevation view of a bra according to the
D2/841; 2/67, 69, 104, 109, 110; 450/1, 2, design;
450/3, 28, 30, 34, 86, 92 FIG, 2 is a rear elevation view thereof;
CPC ....... A41C 3/00; A41C 3/0014; A41C 3/0057 FIG, 3 is a right side elevation view thereof;
See application file for complete search history. FIG. 4 is a left side elevation view thereof;
FIG. 5 is a top p18n view thereof; and,
(56) References Cited FIG. 6 is a front perspective view thereof.
The portions of the straps shown in broken lines in FIG. 2 are
U.S. PATENT DOCUMENTS
features of the article of manufacture that form no part of the
D259,370 S • 6/1981 Schreiber et al. .............. D2/708 claimed design.
7,442,110 B2 • 10/2008 Gaudet et al. ................... 450/39
D635,329 S 4/2011 Wahl et al. 1 Claim, 6 Drawing Sheets
))
- 43 - Exhibit 3
U.S. Patent Jun.28,2016 Sheet 1 of 6 US D759,942 S
- 44 - Exhibit 3
N
!i2
LJ..
- 45 - Exhibit 3
Sheet 3 of 6 US D759,942 S
U.S. Patent Jun.28,2016
- 46 - Exhibit 3
- 47 - Exhibit 3
- 48 - Exhibit 3
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- 49 - Exhibit 3
EXHIBIT 4
I1111111111111111 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIIIII I IIIII IIII
US00D798539S
c12) United States Design Patent c10) Patent No.: US D798,539 S

Holmes (45) Date of Patent: ** Oct. 3, 2017
(54) PANTS D560,571 S * 1/2008 Rester .......................... D12/163

D661,104 S * 6/2012 Wall ................................. D5/47
(71) Applicant: LULULEMON ATHLETICA D668,839 S * 10/2012 Yazdani ......................... D2/728
D756,854 S * 5/2016 Horiuchi ...................... D12/163
CANADA INC., Vancouver (CA) D763,426 S * 8/2016 Koch ........................... D23/365
D767,904 S * 10/2016 Lin .................................. D5/47
(72) Inventor: Brenda Marie Holmes, ¼1ncouver D768,833 S * 10/2016 Moredock .................... D23/365
(CA) . D773,347 S * 12/2016 Whang ........................ D12/163
D773,776 S * 12/2016 Waldman ....................... D2/731
(73) Assignee: LULULEMON ATHLETICA * cited by examiner
CANADA INC., Vancouver (CA)
Primary Examiner - Robin V Webster
(**) Term: 15 Years Assistant Examiner - J;imes C Thorn, Sr.
(21) Appl. No.: 29/565,831 (74) Attorney, Agent, or Firm - Conneely PC; Joseph
Conneely
(22) Filed: May 24, 2016
(57) CLAIM
(51) LOC (10) CI. ............................................... 02-02
(52) U.S. CI. The ornamental design for pants, as shown and described.
USPC ........................................................... D21731
DESCRIPTION
(58) Field of Classification Search
USPC ......................... D21742, 731, 728; D23/365;
Dl/116-118; D12/163 FIG. 1 is a front view of pants according to the design;
FIG. 2 is a rear view thereof;
CPC . A41D 1/06; A41D 1/08; A41D 1/067; A41D
FIG. 3 is a left side view thereof;
1/062; A41D 1/082; A41D 1/084; A41D
FIG. 4 is a right side view thereof;
1/086; A41D 1/088; A41D 7/00; A41D
FIG. 5 is a front perspective view thereof;
7/001; A41D 7/005; A41D 7/006; A23L
7/00; A23L 29/00; A23L 15/00 FIG. 6 is a rear perspective view thereof; and,
FIG. 7 is a front view thereof shown in an environment of
use.
(56) References Cited The portions of the pants shown in broken lines inFIGS.1-7
do not form part of the claimed design. The broken line
U.S. PATENT DOCUMENTS showing of the feet, arms, mid torso in FIG. 7 is for the
purpose of illustrating portions of the environmental strnc-
D346,838 S * 5/1994 Nova! .......................... D21/705 ture and forms no part of the claimed design. The netting on
D358,018 S * 5/1995 Lindemann .................... D1/101 the lower portions of the legs of the pants in FIGS. 1-7 is
D426,387 S * 6/2000 Matsumoto ........................ D5/2
D482,181 S * 11/2003 Carbone ........................ D 1/118 see-through between strands as shown.
D501,553 S * 2/2005 Kelly ........................... D24/125.
D501,977 S * 2/2005 Carbone ........................ D1/118 1 Claim, 7 Drawing Sheets
//•.·::::::.····· ... ---~-·

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- 50 - Exhibit 4
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EXHIBIT 5
I 1111111111111111 111111111111111 111111111111111 IIIII IIIII IIIIIII II IIIII IIII

US00D836291S
02) United States Design Patent c10) Patent No.: US D836,291 S

Robertson (45) Date of Patent: ** Dec. 25, 2018
(54) BRA D822,341 S * 7/2018 Rendone ........................ D2/706

2016/0360801 Al* 12/2016 Sze .......................... A41C 3/10
(71) Applicm1t: LULULEMON ATHLETICA 2017/0055602 Al* 3/2017 Abraham ............. A41C 3/0057
CANADA INC., Vancouver (CA) * cited by examiner
(72) Inventor: Clare Maree Robertson,. Vmicouver Primary Examiner - Holly H Baynham
(CA) Assistant Examiner - J. Thorn, Sr.
(74) Attorney, Agent, or Firm -Conneely PC; Joseph
(73) Assignee: LULULEMON ATHLETICA
Conneely
CANADA INC., Vancouver (CA)
(57) CLAIM
(**) Term: 15 Years
The ornamental design for a bra, as shown and described.
(21) Appl. No.: 29/628,970
DESCRIPTION
(22) Filed: Dec. 8, 2017
(51) LOC (11) Cl. ............................................... 02-01 FIG. 1 is a front view of a bra according to the design;
(52) U.S. CI. FIG. 2 is a rear view thereof;
USPC ........................................................... D21706 FIG. 3 is a right side view thereof;
FIG.. 4 is a left side view thereof;
(58) Field of Classification Search
FIG. 5 is a front perspective view thereof;
USPC ............... D21700, 702-703, 706, 708; 450/3
FIG. 6 is a rear perspective view thereof; and,
CPC ...... A41D 13/05; A41D 13/0518; A41C 3/00;
FIG. 7 is a reduced rear view thereof shown in mi environ-
A41C 1/00
ment of use.
The portions of the bra shown in broken lines in FIGS. 1-7
(56) References Cited do not fonn part of the claimed design. The broken line
showing of the arms, torso, neck, and head in FIG. 7 is for
U.S. PATENT DOCUMENTS the purpose of illustrating portions of the environmental
strncture and forms no part of the claimed design. The bold,
D641,129 S * 7/2011 Zarabi ............................ D2/703 wavy lines shown across the straps at the shoulder and at the
D641,133 S * 7/2011 Zarabi ............................ D2/708 sides of the bra in FIGS. 2-7 are for illustrating the boundary
D671,296 S * 11/2012 Iammtino ...................... D2/708
D708,820 S * 7/2014 Iamartino ...................... D2/708 of the design only mid do not form part of the claimed
9,210,955 B2 * 12/2015 Dandapure .............. A41C 3/00 design. The crosshatched lines shown on the back of the bra
D786,531 S * 5/2017 Holmes .......................... D2/706 in FIGS. 1-7 represent a transparent, translucent, or see-
D789,653 S * 6/2017 Robertson ...................... D2/706 through mesh or sheer fabric only and do not represent any
D800,992 S * 10/2017 Flower ........................... D2/708
D805,730 S * 12/2017 Lorett ............................ D2/706
particular colour, material, texture, pattern, or finish of mesh
D811,040 S * 2/2018 Pornillos ........................ D2/706 or sheer fabric.
D818,240 S * 5/2018 Hanazawa ..................... D2/706
D821,703 S * 7/2018 Flower ........................... D2/708 1 Claim, 7 Drawing Sheets
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U.S. Patent Dec. 25, 2018 Sheet 1 of 7 US D836,291 S
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- 61 - Exhibit 5
· U.S. Patent Dec. 25, 2018 Sheet 4 of 7 US D836,291 S
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Lululemon V Peloton - Complaint

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Case 2:21-cv-09252 Document 1 Filed 11/29/21 Page 1 of 25 Page ID #:1

1 Craig S. Summers (SBN 108,688)

1 Plaintiff lululemon athletica canada inc., (“lululemon” or “Plaintiff”)

1 injunction against Peloton’s further infringement of lululemon’s intellectual

1 14. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)

1 Defendant’s Strappy Bra lululemon Patents

1 and/or offered for sale through Defendant’s retail locations and/or on

1 offered for sale through Defendant’s retail locations and/or on Defendant’s

1 69. This is a claim for trade dress infringement under 15 U.S.C.

1 of fact, or false or misleading representation of fact, which is likely to cause

1 91. This claim is for unfair competition, arising under California

1 F. An Order adjudging Defendant to have willfully infringed the

1 common law by willfully committing trade dress infringement, falsely

1 DEMAND FOR JURY TRIAL

2040 Main St., 14th Fl., Irvine, CA 92614

November 11, 2021

Re: lululemon athletica canada inc.'s ("lululemon") Intellectual Property Rights

Dear Mr. Kushi:

INTELLECTUAL PROPERTY+ recHNoLooy LAw I knobbe.com

Very truly yours,

Peloton Strappy Bra

Accused Product lululemon Patent

U.S. Design Patent No. D759,942

Cadent Laser Dot Legging

Accused Product lululemon Patent

Peloton Cadent Laser Dot Bra

Accused Product lululemon Patent

Peloton High Neck Bra

Accused Product lululemon Patent

Cadent Peak Bra

Accused Product lululemon Patent

Peloton Strappy Bra

One Lux Ti ht lululemon Ali n® Trade Dress

11111111111111111 111111111111111 IIIII 111111111111111 IIIII IIIIIII II IIIII IIII

c12) United States Design Patent (10) Patent No.: US D709,668 S

(54) BRA Primary Examiner - Karen E Eldridge Powers

(73) Assignee: Lululemon Athletica Canada Inc.,

(21) Appl. No.: 29/417,022

(22) Filed: Mar. 29, 2012 DESCRIPTION

U.S. Patent Jul. 29, 2014 Sheet 1 of 8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet 2 of 8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet4 of8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet 5 of8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet 6 of 8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet 7 of 8 US D709,668 S

U.S. Patent Jul. 29, 2014 Sheet 8 of 8 US D709,668 S

I 1111111111111111 lllll 111111111111111 111111111111111

02) United States Design Patent (10) Patent No.: US D759,942 S

(54) BRA 8,128,457 B2 * 3/2012 Reinisch et al. ................ 450/59

U.S. Patent Jun.28,2016 Sheet 1 of 6 US D759,942 S

U.S. Patent Jun.28,2016 Sheet 2 of 6 US D759,942 S

U.S. Patent Jun.28,2016 Sheet 4 of 6 US D759,942 S

U.S. Patent Jun.28,2016 Sheet 5 of 6 US D759,942 S

U.S. Patent Jun.28,2016 Sheet 6 of 6 US D759,942 S

c12) United States Design Patent c10) Patent No.: US D798,539 S

(54) PANTS D560,571 S * 1/2008 Rester .......................... D12/163

//•.·::::::.····· ... ---~-·

U.S. Patent Oct. 3, 2017 Sheet 1 of 7 US D798,539 S

,.. .... - • . ~--. - ,0 ... ---- - - ....

U.S. Patent Oct. 3, 2017 Sheet 2 of 7 US D798,539 S

l- - -,'- - -- I - - - .... ·\- ~ .... ~

U.S. Patent Oct. 3, 2017 Sheet 3 of 7 US D798,539 S