Costco Wholesale Corporation: Legal Battle with Lululemon Highlights IP Risks Amid Strong Financials

Introduction#

Costco Wholesale Corporation (COST is currently navigating a high-profile legal dispute with Lululemon Athletica concerning allegations of intellectual property (IP) infringement related to its Kirkland Signature activewear line. This lawsuit has surfaced at a time when Costco's financials continue to demonstrate robust growth and operational strength. The intersection of legal challenges and solid fiscal health presents a nuanced picture for investors assessing Costco's strategic positioning and risk exposure.

The Legal Dispute: Lululemon’s IP Claims Against Costco#

In June 2025, Lululemon filed a lawsuit in the U.S. District Court for the Central District of California, alleging that Costco's private-label activewear products infringe on Lululemon’s proprietary designs and trademarks. The complaint specifically cites Kirkland Signature items such as the 5 Pocket Performance Pant, which Lululemon claims resembles its Align Pant series, as well as hoodies and jackets under the Danskin, Jockey, and Spyder brands sold by Costco. A notable point in the suit is the use of the "Tidewater Teal" color, exclusively licensed to Lululemon since 2019, which Costco allegedly uses in its products, potentially causing consumer confusion.

The lawsuit demands an injunction to halt the sale of the infringing items and seeks damages for "substantial, irreparable injury" to Lululemon's brand. Despite prior warnings, Lululemon alleges that Costco resumed selling these products, exacerbating the legal conflict. This case highlights the risks inherent in Costco’s private-label strategy, which relies heavily on offering competitive alternatives to national brands.

Financial Performance Overview#

Costco's fiscal year ending September 1, 2024, revealed revenue growth to $254.45 billion, up +5.02% year-over-year, with gross profit increasing to $32.09 billion (gross margin of 12.61%). Operating income rose to $9.29 billion (+14.59% YoY), with an operating margin of 3.65%. Net income grew significantly to $7.37 billion (+17.09% YoY), reflecting strong operational efficiency and cost management. These results underscore Costco’s ability to sustain growth despite macroeconomic challenges and competitive pressures.

Costco's balance sheet remains solid, with total assets of $69.83 billion and a manageable long-term debt of $8.17 billion. The company maintains a net cash position with net debt at -1.63 billion, reflecting prudent financial management. Cash and cash equivalents stand at $9.91 billion, supporting liquidity and strategic flexibility.

Free cash flow, a critical metric for assessing operational strength, was reported at $6.63 billion, enabling Costco to return capital to shareholders through dividends and share repurchases while funding capital expenditures totaling $4.71 billion.

Key Financial Metrics Table#

Metric	FY 2024 Value	YoY Change
Revenue	$254.45B	+5.02%
Gross Profit	$32.09B	+8.04%
Operating Income	$9.29B	+14.59%
Net Income	$7.37B	+17.09%
Operating Margin	3.65%	+0.3pp
Net Margin	2.9%	+0.3pp
Free Cash Flow	$6.63B	-1.72%
Long-Term Debt	$8.17B	-4.69%
Cash and Equivalents	$9.91B	-27.6%

Private-Label Strategy Under Scrutiny#

Costco’s Kirkland Signature brand has been instrumental in its market differentiation, offering high-quality products at lower price points than national competitors. However, the lawsuit exposes the vulnerability of this strategy to intellectual property risks. The allegations suggest that in its effort to provide value-driven alternatives, Costco may have crossed legal boundaries concerning design and trademark protections.

This IP dispute emphasizes the necessity for rigorous design review and compliance processes within Costco's private-label operations. Given the competitive retail environment, such legal challenges could potentially disrupt product availability, impact consumer perception, and introduce unforeseen legal costs.

Competitive Landscape and Sector Implications#

The retail sector increasingly witnesses established brands aggressively defending IP rights as private-label offerings gain market share. Lululemon's proactive enforcement of its trademarks, including prior actions against Peloton and other retailers, signals a broader industry trend toward safeguarding brand identity amid growing competition.

This lawsuit may set legal precedents regarding design mimicry limits and consumer confusion standards in retail. For investors, it underscores the heightened risks private-label retailers face, necessitating greater scrutiny of IP compliance and strategic risk management.

Market Reaction and Stock Performance#

Despite the lawsuit, Costco's stock remains robust, trading at $981.16 per share as of early July 2025, down marginally by -0.49% intraday, reflecting measured investor response. The company’s price-to-earnings ratio (P/E) stands at 55.59x, reflecting high market expectations for future earnings growth.

Forward-looking analyst estimates suggest revenue growth to $274.63 billion in 2025 and continued earnings per share expansion to $18.10, supporting the premium valuation. The gradual decline in forward P/E ratios to 35.56x by 2029 indicates expectations of steady growth normalization.

Analyst Estimates Summary Table#

Year	Estimated Revenue	Estimated EPS	Forward P/E Ratio
2025	$274.63B	$18.10	54.04x
2026	$295.11B	$20.06	48.76x
2027	$315.90B	$22.17	44.15x
2028	$330.73B	$24.94	39.23x
2029	$351.47B	$27.51	35.56x

What Does This Mean for Investors?#

The ongoing lawsuit introduces a tangible legal and reputational risk factor for Costco, particularly impacting its private-label strategy. Investors should monitor the case’s developments closely as potential injunctions or damages could affect product lines and profitability.

However, Costco’s strong financial foundation—with robust revenue growth, solid margins, and healthy free cash flow—provides a buffer to absorb legal costs and operational adjustments. The company’s conservative debt levels and ample liquidity support strategic flexibility during this period of uncertainty.

Investors should also consider the broader retail trend toward private-label proliferation and heightened IP enforcement, as these forces will shape competitive dynamics and operational risk profiles across the sector.

Historical Context and Strategic Execution#

Costco's consistent revenue CAGR of 9.1% over the past three years and net income CAGR of 13.74% demonstrate effective management execution and capital allocation. The company's return on equity (ROE) of 31.13% and return on invested capital (ROIC) of 20.02% outperform many peers, underscoring operational efficiency.

Historically, Costco has navigated competitive pressures by expanding its product offerings and optimizing membership-driven growth. This lawsuit presents a new challenge in balancing aggressive private-label expansion with compliance risks.

Key Takeaways#

• Costco faces a significant IP lawsuit from Lululemon over alleged design and trademark infringement in Kirkland Signature activewear, highlighting risks in its private-label strategy.
• Despite legal challenges, Costco's financials remain strong with +5.02% revenue growth, +17.09% net income growth, and solid free cash flow generation.
• The lawsuit introduces reputational and operational risks that could impact product availability and margins if injunctions or damages are imposed.
• Market valuations remain elevated, reflecting confidence in Costco's growth trajectory and resilience amid sector challenges.
• Investors should watch for legal outcomes and Costco's strategic responses as indicators of risk management effectiveness.

Sources#

• Morningstar
• Global News
• CBC
• Fidelity
• Investopedia
• Nasdaq
• TheStreet