Ugg Owner v Quince: 5 Takeaways for Brands Battling Dupes
On June 16, a federal jury in California ruled that Quince’s Australian Shearling Mini Boot infringed US design patent D927,161 covering the UGG Classic Ultra Mini boot.
But here’s the snag for Deckers and other established fashion brands.
Despite finding that Quince copied the design, the jury concluded that Deckers’ patent was invalid, agreeing with Quince’s arguments that it was “functional, indefinite and obvious in light of prior art”.
Because the patent was ruled invalid, the jury awarded no damages and imposed no liability on Quince, handing the e-commerce company the overall victory.
The result means that, in the same litigation, Deckers failed to secure protection under either trade dress or design patent law—an outcome likely to reverberate well beyond the footwear sector.
As the dust settles on one of the first major dupe cases to reach trial, here are five key takeaways for brand owners grappling with the growing popularity of copycat goods.
1. A win for dupes, a warning for brands
There is no disputing that the outcome represents a significant win for businesses built around offering affordable alternatives to prestige products. Having successfully defeated both Deckers’ trade dress and design patent claims, Quince emerged with a roadmap that other dupe sellers will study closely.
Willie Stroever, member of Cole Schotz, believes the case is set to become a key authority cited by alleged dupe sellers when defending infringement claims and challenging the validity of design rights.
“What changes is that now people have something concrete to argue against—dupers will say, ‘this is just like that case’, and brand owners will say, ‘it’s different because we have X, Y, Z’. We’ll definitely see this case cited often,” he says.
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.
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