In the Bloomberg Law article “Quince Antitrust Row Over Ugg IP Suits Must Navigate Free Speech,” Knobbe Martens antitrust partner Stephen Larson offered insights on how brands’ IP enforcement strategies can factor into antitrust litigation.
Larson discussed the nuances of antitrust litigation in relation to an ongoing dispute between affordable-luxury brand Quince and Deckers, the company that manufactures Ugg footwear. In that lawsuit, Quince has accused Deckers of violating antitrust laws by filing lawsuits against competitors alleging trade dress infringement.
Larson explained that the number of lawsuits and repetition of certain language within the complaints do not necessarily constitute anticompetitive behavior. Larson noted that Quince would need to demonstrate that Deckers’ litigious approach towards competitors extends beyond a typical IP enforcement strategy.
Read the full article here. [Subscription required]
Larson, who co-chairs the firm’s Antitrust & Competition practice, recently played a leading role in a Knobbe Martens team that secured a decisive win for medical device manufacturer Applied Medical in an antitrust case against Medtronic, Inc. Learn more about that case here.
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