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19 September 2016Patents

Deckers steps into patent fray with JC Penney, Target

Footwear designer Deckers Outdoor Corporation has filed patent infringement lawsuits against JC Penney and Target.

Deckers claimed the stores are each infringing a design patent covering its UGG boots.

According to Decker, JC Penney has infringed Decker’s patent in UGG “Ellee” boots, while Target has infringed Decker’s patent in UGG “Bailey Button” boots.

In suits filed on September 14 at the US District Court for the Central District of California, Deckers claimed that each retailer is a “competitor and has copied Deckers’ boot design in an effort to exploit Decker’s reputation in the market”.

The footwear designer said that JC Penney had infringed its design patent, US patent number D661,080, by selling “substantially similar” footwear.

It claimed that Target had infringed its design patent, US patent number D599,999, by selling infringing footwear which features a button placed on the outside of the shoe.

Deckers said that the sale of the infringing shoes was “in total disregard” of its right to control its intellectual property and that the retailers’ acts “have damaged and will continue to damage Deckers”.

The footwear designer is seeking a finding of wilful infringement and an order granting temporary, preliminary and permanent injunctive relief restraining the retailers from using its IP.

It is also seeking a recall of the products from distributors and retailers, an account of profits, compensatory damages, treble damages for wilful infringement and attorneys’ fees.

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