Deckers takes on H&M in patent claim

Footwear designer Deckers Outdoor Corporation has taken on retailer H&M in a patent and trade dress infringement claim centring on UGG boots.

The lawsuit, which was filed at the US District Court for the Central District of California, on Thursday, January 5, claimed that H&M had infringed a design patent, US number D599,999, and trade dress covering Decker’s UGG boots.

According to the claim, H&M sold boots that infringe on UGG’s “Bailey Button” boot, a suede boot with buttons placed on the outside.

“Deckers is informed … that defendant is a competitor and has copied Deckers’ boot designs in an effort to exploit Deckers’ reputation in the market,” it said.

The footwear designer added that the trade dress is not essential to the use or purpose of the boot, nor does it affect the cost or quality.

“There are numerous other designs available that are equally feasible and efficient, none of which necessitate copying or imitating the ‘Bailey Button’ boot trade dress,” claimed Deckers.

The alleged infringement is likely to “lead to and result in confusion, mistake or deception” and is likely to cause the public “to believe that defendant’s products are produced, sponsored, authorised, licensed by … Deckers”.

Deckers is seeking temporary, preliminary and permanent injunctive relief, an award of profits, triple damages, a recall of infringing products for destruction, and a jury trial.

In September, WIPR  reported that Deckers had filed patent infringement suits against JC Penney and Target.

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