The Deckers v. Quince Case Offers Fashion Brands Guidance Amid the Growing “Dupe” Economy

The Deckers v. Quince case proves that even proactive brands will lose intellectual property protection if they claim functional or generic product traits. To maintain a competitive edge, fashion brands must seek intellectual property protection early and make concerted efforts to separate structural utility from ornamental styling. Failure to take these steps may leave brand owners entirely defenseless against “dupe culture,” permanently surrendering their most profitable product features to...
By: Saul Ewing LLP


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