Case Summary: In the Lululemon Athletica (LA) v. Calvin Klein (CK) case, LA owned three design patents on their yoga pants, including a distinctive waistband, which sells for $98. LA claimed that CK’s “Performance” yoga pants (priced at $20) are significantly similar to their patented Astro pants waistband. Owners of a design patent must prove that to the average observer the alleged infringer’s (CK) design appears to be substantially the same as its own design. This is known as the “ordinary observer test.”
Discussion Questions: Use a search engine to research the outcomes of these two cases. How were the cases resolved? If a judge rendered a decision, summarize his or her reasoning. Do you agree with the judge’s decision?