Every fashion lover knows that there is nothing chic or trendy about the ever-famous Ugg boot, regardless of how comfortable they are. However, that has not stopped the company from not only continuing to produce these boots, but also protecting their intellectual property.
In fact, Ugg Australia’s parent company, Deckers Outdoor Corp, has recently filed a lawsuit against the Gap in the U.S. District Court for the Central District of California that claims trade dress infringement, unfair competition, and patent infringement for allegedly “copying Deckers’ ‘Bailey Button’ boot design in an effort to exploit Deckers’ reputation in the market.”
Interestingly, this isn’t the first lawsuit that Deckers has filed. The list includes several multi-million-dollar trade dress and patent infringement lawsuits against retailers selling “substantially similar” boots, including: H&M, J.C. Penney, Target, and Gina Shoes
According to Deckers, Gap’s infringement was done “intentionally, fraudulently, maliciously, willfully, wantonly, and oppressively, with intent to injure Deckers in its business and with conscious disregard for Deckers’ rights.”
As such, Deckers has requested that the Gap’s alleged copycat boots be recalled, as well as damages that include a disgorgement of the profits related to the sale of the product in question, and compensatory damages, treble damages for willful infringement and attorneys’ fees. So, how much is this lawsuit really seeking? Over $100 million in damages.
Who knew that a cuddly pair of boots could cause such an (Ugg)ly mess?
Information and quotes accredited to The Fashion Law.