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 may have design patent action, but not a passing off action, against JC Penney re 'Bailey Button' boot http://t.co/Nch2lro21d
— TrademarkBlog (@TrademarkBlog) September 16, 2014