19 June 2025
When we think about intellectual property in the fashion world, we often think of logos, brand names, or design rights protecting the look of a product. That makes sense—fashion is all about appearance, and the industry has long relied on trade marks and registered designs to protect its creative edge. But sometimes, patents—usually associated with inventions and technology—step onto the runway too.
That’s exactly what happened in a recent court case in the United States, where Nike successfully sued Lululemon for infringing one of its shoe-related patents. The twist? The patent has already expired, the case involved a jury (unusual in patent cases outside the U.S.), and the final damages were surprisingly low.
What Happened?
Nike owns several patents related to how modern sports shoes are made—especially those with knitted uppers that provide flexibility and strength without seams. In 2023, Nike accused Lululemon of infringing three of these patents through its “Chargefeel,” “Strongfeel,” and “Blissfeel” shoes.
Lululemon hit back by challenging the validity of the patents, hoping to have the case dismissed. One of the patents was indeed found to be invalid and was removed from the case. However, the other two remained in play.
A U.S. jury eventually decided that Lululemon did infringe one of Nike’s patents but not the other. Despite Nike asking for 5% of the revenue from the infringing shoes, the jury awarded them just $355,450—roughly $1.20 per pair sold. That’s small change in the world of global sportswear.
Lululemon, while not thrilled, said they were comfortable with the outcome and won’t be pulling any products off the shelves. Since the infringed patent expired in March 2024, future sales won’t be affected anyway.
Why This Matters
There are a few key takeaways from this case that matter for businesses, especially those in innovation-driven or consumer product industries:
-
Patents Aren’t Just for Tech Companies: Even in fashion, patents can protect the way things are made, not just how they look. Materials, construction techniques, and methods of assembly can all be patentable.
-
Small Damages, Big Precedent: The damages in this case were low, but the principle still matters—big players like Nike will defend their IP rights, even for expired patents or symbolic victories.
-
The U.S. Legal System Is Different: Unlike in Australia or New Zealand, U.S. patent trials can involve juries who decide on facts like infringement and damages. That can lead to outcomes that might surprise international observers.
-
IP Strategy Is a Long Game: This isn’t just about one lawsuit. Nike is also suing other brands like New Balance and Skechers on similar grounds. Meanwhile, Lululemon’s willingness to appeal shows it’s not afraid to test the limits of IP law.
What Should Businesses Do?
If your business is developing new products—especially ones involving unique construction or innovative design—it’s worth thinking beyond trade marks and designs. A well-timed patent can offer a powerful layer of protection and competitive advantage. But it’s also a reminder that enforcement takes time, resources, and sometimes delivers unexpected results.
Whether you’re a fashion label, tech startup, or consumer brand, a smart IP strategy isn’t just about protection—it’s about playing the long game.
