<p class = "Canvas Atom Canvas Text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Vancouver-based Clothing Company (LOL) filed a lawsuit in June alleging trademark infringement, counterfeiting and unfair competition against Ross stores and impulse-discounted clothing (IOPA). June over allegations of trademark infringement, counterfeiting and unfair competition against Ross stores and Impulse Price Clothing (IOPA).
In separate replies filed on August 15, Ross and IOPA have denied the allegations, repeatedly saying that clothing companies are "without sufficient knowledge or information to form a belief about the truth of the allegations … and on that basis" (denies) any allegation “.
In addition to denying the allegations, both companies have filed several defenses in response to Lulomon's lawsuit.
<p class = "Canvas Atom Canvas Text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Among the ten selected answers, companies say that each Lululemon's claim seeking relief is prohibited under "first sale doctrine, "Statute of the US Department of Justice that allows a person who knowingly purchases a copy of a copyrighted work to sell it, regardless of what the copyright owner wants." Data-reagid = "35 Among the ten selections quoted in the responses, the companies said that any request by Lulemon seeking relief was prohibited under the US Department of Justice's "first sale doctrine" statute, allowing a person to knowingly purchase a copy of the work. copyrighted right to sell, without fire ed of what you want the copyright owner.
The companies also said that Luleummon's release should be barred "because (the plaintiff) did not suffer any loss or damage for which a reasonable opportunity for investigation or discovery was likely to provide evidence."
"Counterfeit leggings of the lowest quality"
At the heart of Lulemon's lawsuit is an indictment that counterfeit leggings were sold at a steep discount at Ross Stores.
According to Lulemon's initial complaint, Ross Storrs and IOPA "distributed and sold at least thousands of counterfeit Lulemon products to consumers and retailers" claimed by Lulemon to be "substantially and materially inferior" to its original products.
Lulemon officials bought 20 pairs of counterfeit leggings in March from two California locations with discounts on DD, a Ross Stores-owned chain, the complaint said. Luleimon uploaded photos of alleged counterfeit designs, which include labels that mimic authentic versions of the company and indicate that the product was designed in Vancouver. DD Discounts reportedly sold leggings for $ 7.99 – $ 120.01 less than the retail price of authentic versions.
"Lulemon analyzed the counterfeit products and found that they were among the lowest quality counterfeits Lulemon had ever encountered," the lawsuit said.
The clothing company claims that "these counterfeit sales have resulted in consumer confusion and significantly harmed Lululemon and consumer goodwill related to the Lululemon brand. The company seeks to destroy all products that infringe on the company's trademarks, as well as the damages and profits attributable to the alleged sale.
Ross and IOPA called for a ruling dismissing the appeal and said that Lulemon should not be awarded anything "whether in the form of damages or punitive relief". Both companies have also sought a jury trial.
<p class = "Canvas Atom Canvas Text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Download the Yahoo Finance application, available for apple and Android."data-reactive =" 77 ">Download the Yahoo Finance application, available for apple and Android.