In interviews with World Trademark Review, MLex, and Women’s Wear Daily, Knobbe Martens partner Ben Katzenellenbogen shared his insights on a recent California district court decision in a design patent dispute between Deckers, the manufacturers of UGG boots, and Quince, a direct-to-consumer retailer . At trial, a jury found that Quince infringed Deckers’ design patent for the UGG Classic Ultra Mini Boot, and found that the patent was invalid.
Katzenellenbogen, who chairs Knobbe Martens’ Design Patent Litigation practice, cautioned that the ruling “is neither a clear endorsement or a clear rejection of dupes or dupe culture.” He added that the decision offered encouragement and warnings to both sides and reflects ongoing efforts to promote innovation and brand development without discouraging legitimate competition. He also noted that the “black box” jury verdict form did not require the jury to list a reason for its invalidity finding and that may affect the scope of post-trial and appellate review.
Katzenellenbogen encouraged brand owners to continually evaluate their IP portfolio in light of consumer demand and competitor moves in the marketplace. He suggested a holistic approach to acquiring and enforcing IP rights in the fashion space that includes considering design patents, trade dress, and trademark rights.
Read Katzenellenbogen’s full comments in World Trademark Review, MLex, and Women’s Wear Daily [subscriptions may be required].
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