Intellectual Property Practice Group Chair Michael Kelber, Partner Tanvi Patel and Associate Alexandra Maloney authored the Chain Store Age article “How Lululemon v. Costco could impact IP strategies for private label branding”. This piece discusses the recent rise in lower-cost duplicate versions of fashion, makeup and furniture products marketed through social media to mass audiences. Several major brands, most recently, Lululemon, are retaliating through lawsuits against duplicate providers, claiming patent infringement. In light of these cases, NGE attorneys recommend that brands begin to acquire design patents for products in industries susceptible to dupes, something that companies such as Ikea have already found success in doing.
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