Kelly Cunningham Breaks Down UGG Trade Dress Ruling and Dupe Culture Implications

In a recent Daily Journal article, “UGG trade dress ruling fuels debate over ‘dupe’ culture and brand protection,” ECJ’s Kelly W. Cunningham weighed in on the broader implications of a federal court decision that found key UGG boot designs too generic to qualify for trade dress protection.

Kelly explained that the ruling highlights courts’ increasing skepticism toward expansive trade dress claims, particularly where product features are widely used across an industry. Because trademark law does not protect generic or functional design elements, brands like Deckers face significant hurdles when attempting to assert exclusive rights over popular product styles.

He also noted that the case sits at the center of a growing tension between brand owners seeking to preserve distinctiveness and a marketplace increasingly driven by “dupe culture,” where consumers actively seek lower-cost alternatives to well-known designs. As a result, the dispute is likely to have implications far beyond footwear, shaping how courts balance consumer demand, competition, and the scope of intellectual property protections in fashion and retail.

Read more here.