7
Apr/14

Deckers v Wal-mart re ‘Bailey Button’ Trade Dress


ugg one baily buttongg-1873-Bailey-Button-Triplet-Boots-in-Chestnut-56_04_LRGbrinley wood toggle

Decker (owner of the Uggs brnad) claims trade dress and owns a design patent covering its ‘Bailey Button’ style, two versions of which are depicted on top. The Bailey Button style is characterized by: (1) suede boot styling, (2) overlapping of front and rear panels on the lateral side of the boot shaft; (3) curved top edges on the overlapping panels; (4) exposed fleece-type lining edging the overlapping panels and the top of the shaft; and (5) one or more buttons prominently featured on the lateral side of the boot shaft adjacent the overlapping panels.

Decker now sues Walmart for selling allegedly infringing boots. It is not clear to me from the exhibits in the complaint but I believe that the Brinley ‘wood toggle’ style depicted above bottom is one of the complained-of styles.

ugg v walmart bailey button

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