Deckers Outdoor Corp. filed a lawsuit against Bearpaw Inc., seeking a court order to prevent them from copying the designs of several UGG boots. The suit in U.S. District Court in the Central District of California was officially filed against Tom Romeo, who founded Bearpaw in 2001, and Bearpaw's parent, Romeo & Juliette, Inc.
In the suit, Decker's claims Bearpaw's “slavish imitation of virtually every Deckers boot illegally cashes in on the enormous popularity, goodwill and value of Deckers’ highly recognizable trade-dress designs that are embodied in its boots.”
The suit accuses Bearpaw of directly copying exact details of several UGG models, including the Classic, Sundance II and Cardy. “Today, virtually the entire line of defendants' boots mirrors Deckers' signature line,” the suit stated.
Deckers also notes that since acquiring the brand in 1995, it has spent “extensive investment in time, money, and resources” including millions in marketing in establishing UGG. That led to the creation of the “high fashion, comfort-foot craze” that took off around 2000 when a host of celebrities began wearing UGG boots and the trend continues to be embodied by UGG. UGG sales are expected to exceed $800 million in 2010, up from $17 million at the time of the acquisition.
Besides an order preventing Bearpaw from continuing to make the alleged infringing merchandise, Deckers is seeking reimbursement on past profits made on any infringing merchandise as well as punitive damages.
Bearpaw did not respond to press inquiries.
