January 12, 2022

SA&M Partner Mark Brutzkus Provides Insight on Nike v. Lululemon Suit for Sourcing Journal

Mark Brutzkus spoke with Sourcing Journal about the lawsuit recently filed against Lululemon by Nike, who claims that Lululemon infringed on six of its patents through activities surrounding Curiouser Products Inc. Lululemon acquired Curiouser Products Inc. and Mirror, a digital fitness system, in the summer of 2020 amidst the high demand of at-home fitness products fueled by the pandemic.

The article, entitled “Nike Has a Problem with Lululemon,” cites key patents, digital achievements, and accolades referenced by Nike in the complaint. These include a 1983 patent application covering a “device measuring key running health metrics such as calories burned and speed traveled” and a 2012 Nike+ Kinect game that allows users to compete with one another and earn points. According to Mark, Nike’s complaint could be considered “overly broad” by courts.

“It seems like the two big issues are that the technology enables users to compete with each other and record their own performance,” Mark shares, noting that other prominent fitness companies, including Peloton and NordicTrack, utilize these features in their products.

Mark theorizes that the lawsuit suggests the possibility of Nike unveiling its own digital workout system and “rattling the competition.” He also notes the unusual timing of the complaint, considering that the demand for at-home fitness products has decreased as pandemic restrictions loosen.

Read the full article in Sourcing Journal (subscription required).

Related Attorneys

Related news