In
our prior post we discussed the yoga-apparel maker Lululemon Athletica Inc.’s
suit against Calvin Klein for design patent infringement. Last week Lululemon filed a voluntary dismissal of
the case against both Calvin Klein and its manufacturer. The Wall
Street Journal reports that the parties agreed to settle the patent suit,
though the parties kept the details of the deal confidential. The case was dismissed within two months of
filing the complaint, without Lululemon ever serving it.
Such a quick resolution of this infringement action is another
testament to the strength of the design patent in the intellectual property
arsenal as a stand-alone protection mechanism. In the fashion industry, which is particularly
vulnerable to copying by others, design patents can effectively prevent other
companies from entering the market.
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