Peloton used the extra time it was given to respond to a cease-and-desist letter to instead file the lawsuit, which "served only one purpose -- to deprive Lululemon of its choice of venue."
Lululemon said it supplied Peloton-branded clothing from 2016 until Peloton started its own apparel line last year. It told Peloton in November that its bras and leggings infringed Lululemon's design patents and trademark rights.Lululemon allegedly warned Peloton it would sue if Peloton didn't stop infringing by Nov. 19 but extended the deadline for a response to Nov. 24 at Peloton's request.
the court to rule that its bras and leggings didn't infringe and that Lululemon's designs don't merit IP protection.Lululemon said Peloton's lawyers "misled Lululemon's counsel so that Peloton could select its preferred venue." It asked the Manhattan court to dismiss Peloton's case because of its "anticipatory nature" and the company's "misleading pre-litigation correspondence."The case is Peloton Interactive Inc v. Lululemon Athletica Canada Inc, U.S. District Court for the Southern District of New York, No. 1:21-cv-10071.For Peloton: Steven Feldman and Matthew Walch of Latham & Watkins
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