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 CKâ€™s â€œPerformanceâ€ 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 infringerâ€™s (CK) design appears to be substantially the same as its own design. This is known as the â€œordinary observer test.â€
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 judgeâ€™s decision?