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Commentary

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

May 26, 2026

Bloomberg Law

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 

Tags

apparel

Related Practices

Global IP Enforcement, Litigation, and Trials

Patent Litigation and Trials

Prosecution and Portfolio Management

Design Rights

Related Industries

Consumer Goods and Services

Consumer Products

Related Offices

Washington, DC

Related Professionals

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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