Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Suspension Bridge Effect: Why Trademark Attorneys Must Protect Entire Brand Systems, Not Just Individual Marks

By Allen Adamson
June 30, 2025

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.

A 25-Year Brand, Held Together By Many Cables


To reach a market value exceeding $50 billion in roughly 25 years, Lululemon had to develop a unique and distinctive product line and brand. To accomplish this, they had to invest in and connect dozens of interconnected elements:

  • Product innovation through technical fabrics and proprietary materials;
  • A direct-to-consumer business model that preserved total control of the customer experience;
  • Community building via local ambassadors and the Sweat Collective;
  • Premium positioning aimed at affluent, health-conscious “Super Girls”;
  • Experiential retail with highly trained “educators” who create immersive store environments;
  • Digital mastery across social media and influencer partnerships;
  • Strategic collaborations such as the recent Peloton alliance; and
  • Cultural relevance through sustainability initiatives and a broader wellness narrative.

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.

This premium content is locked for The Intellectual Property Strategist subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.