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Some of the alleged fakes Vancouver-based Lululemon identified were sold under Costco’s private label Kirkland, but others were made by manufacturers Danskin, Jockey and Spyder.

Costco says it acted in good faith at all times and feels Lululemon should not be entitled to any compensation.

Both sides have asked the court to hear the matter in a jury trial.

Their spat began in June when Lululemon said the alleged dupes Costco was selling take advantage of patents the athleticwear brand holds, as well as the reputation and goodwill it has built with customers.

This report by The Canadian Press was first published Sept. 11, 2025.