Peloton Interactive, Inc. v. Lululemon Athletica Canada Inc.

2022 WL 4585812 (2022)

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Nature of the Case

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Facts

P has a private-label apparel brand that compliments its fitness equipment. D is an activewear apparel company. P and D entered into a co-branding agreement. P sold D apparel co-branded by P. P ended the partnership and began its own private label apparel brand. On November 11, 2021, P sent D a cease-and-desist letter regarding the alleged infringement of D's patent and trade dress.D demanded that P 'immediately stop infringing' the patents and trade dress, and provide a response by November 19, 2021. On November 24, 2021, P filed the instant declaratory judgment suit seeking a declaration that P has not infringed upon the relevant patents and trade dress, that the patents are invalid and unenforceable, and that D has no trade dress rights in the relevant trade dress. D filed a complaint for patent and trade dress infringement. D filed the instant motion, arguing that the Court should dismiss this suit as an anticipatory declaratory judgment action.