Deckers Corp. last week filed suit against Big 5 Sporting Goods Corp., Maui & Sons, and other unnamed individuals for Patent Infringement, Copy Infringement, and Trade Dress Infringement. The suit further alleges that the defendants in the case are in violation of Federal, State, and Common Law Unfair Competition laws. DECK has named a number of “Does” in the case, people they feel are directly involved in the alleged violations and will be identified as the case progresses.
In court documents obtained by Sports Executive Weekly, DECK is apparently going after the parties for the manufacture and sale of Maui & Sons Lahaina II and Northshore sandals that they allege infringe on Deckers so-called 075 patent for a “Sport Sandal for Active Wear” that was issued in 1988 to Mark Thatcher, the former owner of the Teva brand. Deckers acquired the Teva brand from Thatcher in 2003. The suit also cites alleged infringement of Deckers copyrights for the “Tattoo U” and “Hibiscus” textile designs that are used in Teva sandal straps. The company further charged that the parties copied the trade dress of Teva sandals.
Deckers is seeking compensation for the alleged infringement, including reasonable royalties, attorney fees, and any gains or profits from the sale of the product.