Bras – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Lululemon and Under Armour Battle Over Bra Design https://legacy.lawstreetmedia.com/blogs/fashion-blog/lululemon-bra-design/ https://legacy.lawstreetmedia.com/blogs/fashion-blog/lululemon-bra-design/#respond Thu, 20 Jul 2017 18:15:48 +0000 https://lawstreetmedia.com/?p=62255

These athleisure companies aren't feeling so zen.

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Image courtesy of m01229; License: (CC BY 2.0)

Athleisure–active wear as wear-anywhere clothing–has hit peak trendiness. And producers of athletic clothes have been making big bucks as a result. But two of the leading athletic wear companies aren’t feeling particularly zen at the moment. Lululemon is suing Under Armour for patent and trademark infringements over the design of some of the brand’s sports bras.

Lululemon’s claim centers around the design of its Energy Bra (which retails for $52). The activewear producer claims that four of Under Armour’s sports bras violate its intellectual property. The Under Armour bras in question include the Armour Eclipse Low, the Armour  Shape Low, the UA On the Move Bra, and the UA Printed Strappy Bra. In the filing, Lululemon presents patents that include four overlapping straps in the back of the bras–it’s that particular design feature that’s at issue. According to the lawsuit, the design includes:

Four interwoven segments of fabric, two of which extend from each shoulder; the fabric segments extending from the left shoulder are attached to the right side of the fabric constituting the back of the bra; the fabric segments extending from the right shoulder are attached to the left side of the fabric constituting the back of the bra; the fabric constituting the back of the bra is bisected by a horizontal line

The fact that the company has patents on such designs at all is actually relatively rare–fashion usually moves too quickly and is too cyclical for manufacturers to bother with the patent process.

Still, if Canadian-based Lululemon truly believes Under Armour is cutting into its profits, the lawsuit makes sense. The sports bra industry accounted for $1 billion in sales last year. Lululemon wants an injunction to stop Under Armour from selling the bras, as well as damages. And Lululemon has had some success with such lawsuits before. In 2012, the company sued clothing producer Calvin Klein over a yoga pants design. While that case was eventually settled out of court, the fact that Lululemon was actually able to make progress with its lawsuit was somewhat of a gamechanger, given that clothing IP cases don’t normally make it that far. We’ll have to see if Lululemon actually gets Under Armour to pay up for the alleged strap-stealing as well.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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How Feminist Is Your Bra? https://legacy.lawstreetmedia.com/blogs/culture-blog/how-feminist-is-your-bra/ https://legacy.lawstreetmedia.com/blogs/culture-blog/how-feminist-is-your-bra/#comments Thu, 17 Apr 2014 16:21:56 +0000 http://lawstreetmedia.wpengine.com/?p=14417

Good afternoon folks! Now that our collective excitement over the Blood Moon has subsided and the moon has returned to its normal, non-bloody state, we’re going to take some time to talk about everyone’s favorite things. Rush Limbaugh wants them to stop staring at him, and Microsoft wants them to keep you from getting fat. You know […]

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Good afternoon folks! Now that our collective excitement over the Blood Moon has subsided and the moon has returned to its normal, non-bloody state, we’re going to take some time to talk about everyone’s favorite things. Rush Limbaugh wants them to stop staring at him, and Microsoft wants them to keep you from getting fat. You know where I’m going with this.

We’re talking about boobs this morning.

High school student Megan Grassel is the world’s latest boob-centric entrepreneur, having recently opened a small business called Yellowberry, which allegedly sells non-sexual bras for young girls.

Megan got the idea for the lovely little company when she took her baby sister bra shopping. According to Megan, she was “appalled” by the selection of bras available for her sister’s age group. Filled with push-up padding and covered in sequins, she found the bra selection to be hypersexual and totally inappropriate for her tweenaged sister.

So, like any budding entrepreneur, Megan saw a business opportunity. She recognized a gap in the market — non-sexual bras for younger girls, according to her — and she decided to fill it. One uber-successful Kickstarter campaign later, Yellowberry was born. The company sells neon-colored cotton bras, with no padding or sequins, aimed at girls between 11 and 15 years old. At $42.95 a pop, the store has already sold out. Megan’s a one-woman business success.

Now, before anything else, let’s talk about how this is pretty awesome on a bunch of levels. Women-owned businesses are awesome. Products that are made by and for women are awesome. Megan’s entrepreneurial spirit, smarts, and business acumen are super impressive and I applaud her for it.

salute

However.

Let’s talk about the reason why she started Yellowberry in the first place.

Megan was freaked out by the bras that existed in the market. She deemed padding and sequins too sexual. But what if you’re just a fan of sequin-covered, sparkly, happy things? What about sequins makes bras sexual? What about padding?

The fact that bras are used to cover and support breasts. The breasts themselves are what make bras sexual. Not the fact that they’re covered in sequins. Not the fact that they’re padded. Taken alone, those facts are just descriptors added onto a piece of cloth and (maybe) wire. But Megan and her thoughts on how breasts should and shouldn’t be presented are what sexualized those bras.

And that’s kind of an issue. While Megan’s busy being appalled at how inappropriate these padded, sequined bras are, she’s simultaneously demonizing young girls who might like to wear them.

There’s an element of slut-shaming here, and a fear around the concept of adolescent sexuality. If these bras are so disgustingly hypersexual, what does that say about the girl who chooses to sport it? Presumably, that she’s some kind of oversexed harlot — not just a girl who might think sequins are fun.

glitter

Clearly, glitter is the best.

Folks, I know what it’s like to be an oversexed young girl. I started growing boobs when I was in fourth grade. Everyone — from the kids in school right down to my own parents — couldn’t wrap their heads around the fact that I was young and had breasts.

They were discussed at length. What I could wear because of them, what I couldn’t wear because of them, how I should stand, where I should go, who I should talk to. My breasts were simultaneously an asset and a huge threat. They made me cool. They made me slutty. They made me precocious and dangerous and fast.

So whenever anyone starts getting anxious about young girls and how overly sexual their breasts are, I get concerned.

blanche

What are we really saying to our teenaged girls when we shame them for wanting to wear padded, sequined bras? What message are we sending when a bra store called Yellowberry pops up, whose existence is a direct reaction to societal anxieties around adolescent breasts and sexuality?

We’re saying that young women, their bodies, and their sexualities are threatening. Their breasts need to be tamed. Their sexuality needs to be managed and contained.

So, Megan Grassel, I applaud your entrepreneurship and your colorful, no-frills bras. But I hope you’ll reevaluate your motivation for making them.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Ralf Roletschek via Wikipedia]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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This Fat-Shaming Bra Is Really Sexist and Terrible https://legacy.lawstreetmedia.com/blogs/culture-blog/this-fat-shaming-bra-is-really-sexist-and-terrible/ https://legacy.lawstreetmedia.com/blogs/culture-blog/this-fat-shaming-bra-is-really-sexist-and-terrible/#comments Tue, 17 Dec 2013 19:55:45 +0000 http://lawstreetmedia.wpengine.com/?p=9849

Good afternoon, lovelies! How many of you are having a snow day today? Lucky bastards. Well, while you’re lounging around on your couch, sipping hot cocoa in your pajamas, let me just ask you one thing: did you remember to recharge your bra this morning? Seriously bitches. This is a real thing. Microsoft came out with a […]

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Good afternoon, lovelies! How many of you are having a snow day today? Lucky bastards.

Well, while you’re lounging around on your couch, sipping hot cocoa in your pajamas, let me just ask you one thing: did you remember to recharge your bra this morning? Seriously bitches. This is a real thing.

Microsoft came out with a snazzy little tech gadget for ladies — a bra that prevents women from getting fat.

Apparently, the battery-powered boob-sling is equipped with removable sensors that monitor heart and skin activity. Based on those readings, the bra is supposed to be able to know what emotional state a woman is in. Why? To predict when she’s likely to start stress-eating.

When it predicts an impending ice cream binge, the bra sends an alert to your smart phone, which then shames the shit out of you and tells you NOT TO GO TO THE FRIDGE. Leave the kitchen now, and nobody gets hurt.

Folks, I can’t. Could this be any more blatantly sexist?

First of all, let’s stop with the paternalism, mmkay? I don’t need an electronic bra and a smart phone app to tell me when I’m feeling stressed and I want a cookie.

cookie monster

I am fully aware that I’m stressed and I want the cookie. (Or all of the cookies, but whatever.) Contrary to popular belief, women do actually have these things called brains. So, no, we don’t need third-party technology to explain our thoughts and emotions to us. We’re fully capable of recognizing them on our own.

Second of all, why is it so important for women to police their eating habits? I don’t see any electronic boxer briefs for the boys, telling them to quit it with the brownies already.

I’ll tell you why. Because the imperative for women to be always thin, all the time, is a product of sexist bullshit. As Naomi Wolf put it so clearly back in 1991 with her bestseller, The Beauty Myth, our society isn’t obsessed with tiny waistlines because it’s a sign of female beauty — rather, it’s a sign of female obedience.

Do as you’re told, ladies.

Because, what do we to women who are successful, who have some kind of power in the world? We fixate on their bodies to knock them down a few pegs. You made a hit album, but are you thin? You were elected Senator, but are you thin? You cured cancer, but are you thin? It’s a constant refrain that gets echoed every time a woman does anything worth noting. Because if she’s not thin, she clearly isn’t worthy of any praise, public attention, or social clout.

And it doesn’t stop there. It’s in our homes, in our everyday lives. The obsession with female thinness isn’t constrained by the public eye. Water cooler chat revolves around what diet all of us are on this week. A visit with the in-laws turns into a calorie-saving recipe swap.

This is my personal favorite way to keep off the pounds. SLAP THE CALORIES OFF THE PASTA. Fucking genius.

The fixation on eliminating excess body fat is all-consuming. We’re never allowed to step away from it. Women are even encouraged to lose weight while they sleep. Can’t we just, you know, SLEEP while we sleep? This is crazy.

Now, all you feminist skeptics — it’s true that men face scrutiny about their bodies. It’s true that people of all genders are pressured to aspire to impossible physical ideals.

Literally impossible. If JLaw isn't even up to snuff, what hope is there for the rest of us Earthlings?

Literally impossible. If JLaw isn’t even up to snuff, what hope is there for the rest of us Earthlings?

But. A fat man is not a worthless man. A guy with a beer gut can still get promoted, get laid, and largely be left in peace. But a woman with a belly? Apparently, she’s not even worthy of life. Actual life. As in, not being dead.

Think I’m exaggerating? Ask Caitlin Seida. A photo of her merely existing in her not-a-size-two body went viral, inspiring internet trolls to post comments like the following: “What a waste of space;” “Heifers like her should be put down;” and advising her to commit suicide in order to “spare everyone’s eyes.”

The lovely Caitlin Seida, having an awesome time on Halloween. I think she makes an epic Lara Croft, don't you?

The lovely Caitlin Seida, having an awesome time on Halloween. I think she makes an epic Lara Croft, don’t you?

This is a real thing. In our culture, fat men are regularly given a free pass. But fat women? They’re told that they should die. If that’s not a patriarchal lesson in lady obedience training, I don’t know what is.

This is why Microsoft designed a bra that would keep women from overeating, but failed to invent male-targeted boxer briefs to do the same thing. Because in 2013, a woman’s worth is still very much tied up in how skinny — and submissive — she is.

Well, guess what Microsoft? We’re over it. We’re not all a size two. Sometimes we’re going to reach for the brownies. And that’s OK. We don’t need your engineers to invent apps to mansplain away our will to eat.

And besides, you’re so unoriginal. Is an electronic boob carrier the only thing you can come up with to target tech to women? Because if it is, I think you need to hire some better creative talent. (Don’t try to poach from Twitter, though — the tweeting bra they’re developing proves they’re not doing any better.)

So what do you think, folks? Would you wear a bra that told you to stop eating? Let’s start an open thread about our boobs. (Rush Limbaugh says thank you.)

Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Tweet her @HannahRWinsten.

Featured image courtesy of [Gerard Stolk via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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