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Intellectual Property

May 27, 2026

UGG trade dress ruling fuels debate over 'dupe' culture and brand protection 

Legal experts say the case reaches far beyond footwear, touching on a growing tension between brand exclusivity, consumer demand for affordable alternatives and courts increasingly skeptical of expansive intellectual property claims.

UGG trade dress ruling fuels debate over 'dupe' culture and brand protection 
Kelly W. Cunningham, chair of the Intellectual Property and Technology Department at Ervin Cohen & Jessup LLP

As "dupe culture" reshapes consumer shopping habits and social media accelerates the spread of copycat fashion trends, a federal court ruling stripping key UGG boot designs of trade dress protection is fueling debate over how far trademark law should go in protecting iconic styles from lower-cost competitors.

The dispute, set for trial in June in the Northern District of California, pits Deckers Outdoor Corp., the company behind UGG boots, against Quince, a retailer know...

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