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Design patents get active in Lululemon v Calvin Klein

Alli Pyrah, New York


Design patents can offer more comprehensive protection than trade marks, but are more easily used to protect the look and feel of products made by companies such as Apple and Samsung than for clothing. Now, a recent case has highlighted the complexities of using design patents for fashion

High-end yoga clothing designer Lululemon’s patent infringement suit against Calvin Klein has piqued the fashion industry’s interest in design patents. The Vancouver retailer of athletic apparel claims Calvin Klein’s Performance line “includes substantially the same waistband design elements and pant...


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