Cases to Watch in 2026

Why It Matters

These cases set precedents that will define the scope of trade‑dress, trademark, and design‑patent protection across consumer‑facing industries, influencing how brands defend aesthetics and combat dupes. The outcomes will guide corporate due‑diligence, enforcement strategies, and the balance between competition and infringement in a fast‑moving market.

Key Takeaways

• Whoop seeks trade‑dress protection for minimalist wearable design.
• Lululemon sues Costco over low‑cost replica hoodies and jackets.
• Palas challenges celebrity brand over similar ‘Beau D’ trademark.
• Richemont targets upscale counterfeit jewelry in New York court.
• Temu and Shein battles expand to copyright and trade‑secret claims.

Pulse Analysis

The surge of intellectual‑property litigation in 2026 reflects a broader shift toward protecting visual and functional aesthetics in consumer products. Minimalist design, once considered generic, is now being tested for trade‑dress eligibility, as seen in Whoop’s case against a Chinese manufacturer. Courts will have to balance the non‑functional nature of such designs against the need for market competition, potentially redefining what constitutes a protectable source identifier for wearables and apparel.

Dupe culture has moved from niche online forums to mainstream retail, prompting high‑profile disputes like Lululemon versus Costco and Sol de Janeiro versus MCoBeauty. These lawsuits highlight how social‑media amplification can turn inexpensive look‑alikes into brand‑erosion threats, forcing companies to rely on trademark, design‑patent, and false‑advertising claims. The outcomes will inform retailers about the legal limits of offering affordable alternatives without infringing on established brand identities.

Beyond fashion, the Lashify decision and the Temu‑Shein battles illustrate how procedural nuances shape enforcement. The Federal Circuit’s clarification of the ITC’s economic‑prong requirement offers a roadmap for companies with overseas manufacturing but U.S. operational footprints. Meanwhile, the multi‑claim Temu‑Shein litigation demonstrates that fast‑fashion competition now encompasses copyright, trade‑secret, and antitrust dimensions, signaling a more aggressive legal posture from emerging e‑commerce players. Brands that proactively conduct thorough clearance and monitor evolving IP jurisprudence will be better positioned to safeguard their market share in this increasingly litigious environment.