Kelly Cunningham Analyzes Litigation Privilege Challenges in Quince’s Antitrust Fight Against Ugg
In a recent Bloomberg Law report by Annelise Levy, ECJ's Kelly W. Cunningham offered key insights into the substantial legal obstacles Quince faces in its antitrust lawsuit against Ugg’s parent company, Deckers Outdoor Corp.
Kelly emphasized that Quince will need to overcome a “well known, well established litigation privilege,” which broadly protects companies’ rights to bring lawsuits even high‑volume IP actions that may appear repetitive. He also noted that Deckers’ financial strength enables it to “outspend most offenders,” making litigation an effective strategic tool in trade dress enforcement. Cunningham observed that courts rarely dismiss trade dress suits early due to their fact‑intensive nature, posing another significant barrier to Quince’s attempt to characterize Deckers’ actions as anticompetitive.