Deckers sues Target for infringement of UGG design
The creator of UGG boots, Deckers, has filed a complaint against US retailer Target and brand management company Iconix.
As reported by The Fashion Law, in a complaint filed on Thursday July 18 at the US District Court for the Central District of California, Deckers said a number of shoe styles, produced by Iconix and sold at Target infringed its trade dress and one of its design patents. It also accused the companies of unfair competition.
Decker’s complaint also targeted ten unnamed defendants, whose identity it said it does not know.
According to the complaint, Iconix manufactures, designs and distributes its brand Mossimo, which is sold at Target.
Deckers said two Mossimo footwear designs sold at Target infringe its trade dress for two of its shoe styles.
These are the “Bailey Button” trade dress, for an UGG boot which has a button on its side, and the “Yoga Sling” trade dress for one of Deckers’ sandal styles.
Deckers also made allegations of patent infringement, noting that the alleged “Bailey Button” knockoffs sold at Target infringe its design patent for its Bailey Button shoe (US number D5,999,99).
Deckers said Target and Iconix as its competitors and said the companies had made the alleged infringing products to “exploit Deckers’ reputation in the market”.
Additionally, Deckers said Target and Iconix were deliberately trying to “exploit Deckers’ reputation in the market”.
“The design of the Bailey Button boot trade dress is neither essential to its use or purpose nor does it affect the cost or quality of the boot,” Deckers said in its complaint.
It said there were other designs available that are “equally feasible and efficient, none of which necessitate copying or imitating” the Bailey trade dress.
It said the sale of the allegedly infringing products was “in total disregard of Decker’s rights to control its IP” and is likely to cause the public to believe that Target and Iconix’ products are produced in connected with Deckers.
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