LOS ANGELES — A footwear designer is suing a New Jersey competitor, alleging unfair competition due to copying registered trademarks.
Deckers Outdoor Corporation filed a complaint Feb. 13 in U.S. District Court for the Central District of California against Alphabetical.com, Inc. and Does 1-10, alleging trademark dress infringement and patent infringement.
According to the complaint, since 1975 Deckers has been engaged in the design, distribution, marketing, offering for sale and sale of footwear of several brands including UGG, Koolaburra, Teva, Sanuk and Hoka One One. The suit says Alphabetical.com copied the plaintiff's federally registered footwear designs with U.S. patent numbers. D616,189 and D594,638 that can be purchased online via Sears Marketplace.
As a direct competitor, the suit says, the defendant copied the plaintiff's boot design in an effort to exploit its reputation in the market.
The plaintiff alleges Alphabetical.com's continuous use of registered marks without’permission or authority is in total disregard of the original owner's right to control its trademarks.
Deckers Outdoors seeks trial by jury, compensatory damages, statutory damages of up to $200,000, interest, court costs, disbursements, attorney fees, punitive damages, and all other relief as is just and proper. They are represented by attorneys Brent H. Blakely and Jessica C. Covington of Blakely Law Group in Manhattan Beach.
U.S. District Court for the Central District of California case number 2:18-cv-01198-AB-PJW