A Trademark War in the Athletic Arena

Two of the biggest brands in the fitness industry went head-to-head recently in a lawsuit for trademark infringement, which means one company is using some form of a trademark that another company believes is too similar to their own. Peloton has sued Lululemon over trade dress, which is a type of trademark that encompasses product design or product packaging.

Brief History of the Parties

Peloton is known for its high-end, at-home workout machines and classes, and has sued to protect its athletic wear line from trademark infringement. At number 1, Lululemon Athletica is the most popular activewear brand of 2022. To understand the sheer size and popularity of Lululemon compared to Peloton, when it comes to clothing, Peloton does not even appear in the top 15 most popular brands of 2022, according to USA today.

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Trade Dress: Can A Tampon Applicator Get Trademark Protection?

Before taking an intellectual property (IP) course this past fall, I assumed trademarks only applied to brand slogans. I did not realize that trademarks could apply to physical products, too.

Now that I have taken various IP courses and participated in the IP Moot Court team, I see trademark protection everywhere. This made me wonder: can a commonplace item, like an applicator for a tampon, receive trade dress protection?

Before jumping into that answer, let’s first explain what a trade dress is.

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