Are widely used features in a product entitled to trade dress protection?

The answer to that question has been narrowed considerably, at least for elements widely used in the marketplace, by a recent court ruling in a case brought on by Deckers Outdoor Corp. against Last Brand Inc., doing business as Quince. Quince is a direct-to-consumer retailer known for selling dupes of designer looks at lower prices while promising similar or comparable quality as the original.

Deckers filed its lawsuit in 2023, alleging infringement of three Ugg shoes based on trade dress, as well as one patent claim. It said Quince’s Australian Shearling Mini Boot infringes on the Ugg Classic Ultra Mini trade dress and its U.S. Patent No. D927,161, and that its Australian Shearling Button Boot infringes

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