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.
