Decker Sues H&M Over UGG Bailey Button Trade Dress


Deckers, owners of the UGG trademark, sues H&M over sale of UGG Bailey Button boot. Prior Bailey button suits here. Definition of Bailey Button trade dress on page 5.


Bailey Button trade dress action? Ugh.

ugg one baily button

Deckers (owner of the UGG brand) has been going after ‘Bailey Button’ knock-offs. I blogged a complaint against Wal-Mart here.

Deckers also sued JC Penney on multiple grounds. Penney moved to dismiss. The design patent action survived. The ‘passing off’ action was dismissed under Dastar, under the ‘please don’t use trade dress to create a perputual patent/copyright right’ rationale.


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