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When Chinese TikTok creators claimed to be able to produce Lululemon leggings for five dollars, while the brand charges over $100 for the same leggings, they garnered 2.6 million views in just a few days. Regardless of whether the leggings were counterfeits infringing the Lululemon trademark, additional possibly irreparable harm was done by the broadcast implication was that the $100 price being charged by Lululemon was not justified. They didn’t merely attack pricing; they threatened to undermine one of retail’s most sophisticated brands. The incident highlights a fundamental truth about modern trademark practice: although the Lanham Act protects specific source identifiers, perceived brand distinctiveness is supported by a complex web of elements that attorneys must monitor and defend.
Each element reinforces the others, creating what we can call a brand suspension bridge: every “cable” works with its neighbors to hold up the entire structure. Premium pricing, for example, is not just a margin play; it signals exclusivity and quality. Technical fabric innovation is more than R&D; it justifies that price point and sustains the aura of superiority.
If any one of these cables is unprotected, competitors may be able to freely replicate important aspects of the overall brand and denigrate the uniqueness of the brand.
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