Ugg Dupes Case Narrows What’s Trade Dress Protectable

Core Viewpoint - A recent court ruling has significantly narrowed the scope of trade dress protection for widely used product features, particularly in the case of Deckers Outdoor Corp. against Last Brand Inc. (Quince), which sells lower-priced replicas of designer footwear [1] Group 1: Lawsuit Details - Deckers filed a lawsuit in 2023 alleging trade dress infringement on three Ugg shoe designs and one patent claim against Quince, which markets products similar to Uggs [2] - The specific infringements cited include Quince's Australian Shearling Mini Boot, which allegedly infringes on the Ugg Classic Ultra Mini trade dress, and other products that infringe on Deckers' Bailey Button Boot and Tasman trade dresses [2] Group 2: Court Rulings - Deckers sought summary judgment on its trade dress claims, arguing that its designs are "nonfunctional" and do not provide utilitarian advantages over other designs [3] - The federal district court ruled that trade dress with either utilitarian or aesthetic functionality cannot be protected under trademark law, leading to the failure of Deckers' summary judgment motion [4] Group 3: Genericness and Trademark Law - The court found that trademark law does not protect generic trade dress, and Deckers failed to prove that its designs were non-generic [5] - Quince successfully demonstrated that other brands offer similar ankle-high sheepskin boots, which contributed to the court granting summary judgment in favor of Quince regarding the genericness of Deckers' trade dress claims [5]