Deckers Brands has filed lawsuits against JC Penney and Target for infringing on Ugg’s patented designs.
Target was sued over the alleged infringement of Ugg’s Bailey Button boot design. The patent is D599,999. The case is here.
JC Penney was sued over alleged infringement of Ugg’s Elle boot design. The patent is D661,080. The case is here.
In court papers, Deckers said Ugg was founded in 1978, and its popularity has steadily grown across the nation and even the globe.
“It has now been sixteen years since Ugg boots were first featured on Oprah’s Favorite Things in the year 2000, and Oprah emphatically declared on national television how much she ‘LOOOOOVES her UGG boots,’ Deckers wrote. “The popularity of Ugg brand footwear has grown exponentially since then with celebrities including Kate Hudson and Sarah Jessica Parker among a myriad of others regularly donning them. Ugg sheepskin boots have become a high fashion luxury item and can be found on fashion runways around the world.”
Deckers said that the sale of the infringing shoes was “in total disregard” of its right to control its intellectual property and that the retailers’ acts “have damaged and will continue to damage Deckers.”
It’s seeking a finding of willful infringement and an order granting temporary, preliminary and permanent injunctive relief restraining the retailers from using its IP. It is also seeking a recall of the products from distributors and retailers, an account of profits, compensatory damages, treble damages for willful infringement and attorneys’ fees.
