Patent infringement lawsuits are rather unusual in the fashion industry in part because design patents are difficult, expensive, and slow to obtain. In an industry that is constantly evolving to keep up with consumer trends, the year+ length of time from application filing to design patent registration is a lifetime. The latest development gaining momentum in the fashion industry is a niche known as “athleisure.” This trend, as suggested by the term, is defined by clothing designed not only for hardcore workouts or athletic activity, but also to be worn in other low impact settings, such as at the workplace, school, or other casual or social settings. Athleisure apparel caters to those, typically women, who want to be comfortable but still want to be trendy.

This athleisure market feeds a growing multibillion dollar industry which increases the demand on big time players to carve out their stake with continuously innovative items.

But what is considered innovative and novel?…