Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

Deckers Outdoor Corp., owner of the Ugg brand, is seeking to exclude references to “dupe culture” in a design patent trial against Quince in the Northern District of California, raising questions about how consumer trends may intersect with established standards for design patent infringement. 

The dispute stems from allegations that Quince’s shearling footwear infringes a design patent covering Ugg products. Quince argues that the prevalence of similar “dupe” products supports its position that the asserted design is functional and therefore not eligible for design patent protection. 

Finnegan partner Beth Ferrill addressed the governing legal standard for functionality. “The question of functionality comes down to could you design it another way and still get effectively the same function?” she said. “And if the answer to that question is yes, then your design patent is not functional.” 

Even if the case proceeds to trial, Beth noted that framing the issue through “dupe culture” could complicate the jury’s role. “Discussing dupe culture in a positive way could be really confusing to the jury. That would almost go to the heart of you just don’t think we should issue these kind of patents,” she said. 

The court is set to consider the admissibility of dupe-related evidence ahead of trial. The outcome could influence how parties present functionality and consumer perception arguments in design patent disputes going forward. 

Read Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial