Taking it to the streets. Stockhouse.com: Taking it to the street

Lululemon has filed a patent lawsuit in court, accusing PVH Corp.’s Calvin Klein brand and manufacturer G-111 Apparel Group of infringing three patents on the design of its yoga pants

Canaccord Wealth Management came up with this clever headline in its Morning Coffee Report, referring to a patent lawsuit filed recently by Lululemon Athletica Inc. (TSX: T.LLL, Stock Forum) (NASDAQ: LULU, Stock Forum).

As reported by Reuters News service and others, Lululemon has filed a patent lawsuit in the U.S. Federal Court in Delaware, accusing PVH Corp.’s (NYSE: PVH, Stock Forum) Calvin Klein brand and manufacturer G-111 Apparel Group (G111) of infringing three patents on the design of its yoga pants.

These are allegations that have yet to be tested in a court of law.

Lululemon’s design patents protect the appearance of goods in contrast to more common utility patents, which focus on how things work. Lululemon’s filing says some Calvin Klein “Performance” pants infringe patents on its “Astro Pant.”

In court, Lululemon will have to show that its rival’s products look like the patented pants. The defendants will likely strike back with “prior art” - evidence that others made similar products before Lululemon.

Alexander Poltorak, CEO of General Patent Corp., says, “It’s kind of difficult in clothing to design something which is completely new, because, you know, the history of clothing design goes for several thousand years.”

In addition to companies allegedly infringing on its patents, Lululemon is also facing competition from the likes of Gap Inc. (NYSE: GPS, Stock Forum), Under Armour (NYSE: UA, Stock Forum) and Nike Inc. (NYSE: NKE, Stock Forum), writes Canaccord. It went on to say that Lululemon has been the target of short sellers, as of July 31, 2012, the company had short interest of 18.7 million shares.

Unchanged at $60.80, Lululemon has a market cap of $6.5 billion, based on 106.6 million shares outstanding. The 52-week range is $80.08 and $42.50.

 
ABOUT THE AUTHOR
Stockhouse Editorial

 
Stockhouse Conflict and Disclosure Policy:

Stockhouse publishing Ltd., owners and operators of Stockhouse.com, has established the following rules to ensure that there is no appearance of impropriety on the part of any Stockhouse Editorial writers ("Writers"). The content of Stockhouse Editorial articles (the "Articles") are the opinion of the Writer and any reliance on the content of these articles is at your sole risk. Our Writers are not registered investment advisors. You should not make any kind of investment decision in relation to Articles or stocks discussed in them without obtaining advice from a registered investment advisor.

Facts relied upon by our Writers are generally provided by the subject companies or gathered by our Writers from other public and/or private sources. These facts may be in error and if so, the opinions of our Writers may be materially different.

Writers may own, buy, or sell shares in public companies mentioned in their Articles, but in the Article they must prominently state their ownership position. Thus, a conflict may exist. Writers are not permitted to write Articles that attempt to benefit persons connected to the Writer, such as family or friends, except where disclosure is made in the same way as if the Writer him/herself owns stock.

Writers cannot solicit, accept, or agree to receive anything of value given or paid with the intent of influencing their Articles.

Stockhouse notifies each Writer about these rules, and we rely on the integrity of our Writers to ensure that our rules are followed.

 
 
 
 
 
Today's Feature  
 
Pacific North West Capital Corp.
Pacific North West Capital Corp. (TSX: PFN; OTCQX: PAWEF; Frankfurt: P7J) is a mineral exploration company focused on the discovery, exploration and development of PGM and nickel-copper sulphide deposits in geologically prospective regions in North America, particularly Canada. The Company's key asset is its 100% owned River Valley PGM Project in the Sudbury region of northern Ontario. The River Valley Project is one of North America's most advanced primary PGM deposits...