Overview
In a complaint filed Thursday, designer Michael Kors sued Costco for ads claiming that that Michael Kors handbags are available “starting at $99.” According to the complaint:
Michael Kors handbags are not generally available for purchase by consumers at Costco's retail stores or on its website and were not available for purchase by consumers at Costco's retail stores or on its website . . . , and certainly not "starting at $99." Similarly, Michael Kors handbags were either not available for purchase by consumers at Costco's retail stores or on its website immediately after the Bait-and-Switch Ad was released, or were only available in extremely small quantities. As a result, those consumers that "took the bait" and visited Costco's retail stores or its website expecting to find Michael Kors handbags were instead presented with other handbags (as well as other products) sold by Costco, resulting in unlawfully gained sales for Costco, and lost sales for Michael Kors and its authorized retailers.The case is before Judge Swain.
