Deckers Outdoor Corp. v. J.C. Penney Co.

*1183 ORDER GRANTING IN PART MOTION TO DISMISS WITH PARTIAL LEAVE TO AMEND [25]

I.INTRODUCTION

Plaintiff Deckers Outdoor Corporation makes the famous UGG® Bailey Button Boots. It owns two United States Design Patents, which cover the Bailey Button designs. After discovering that Defendant J.C. Penney Company Inc. was selling boots with similar designs, Deckers brought this action, alleging trade-dress infringement, false designation of origin, federal unfair competition, patent infringement, and state-law unfair competition.

JC Penney moved to dismiss the First Amended Complaint, arguing that Deckers failed to state a valid claim for relief. The Court agrees with most of JC Penney’s arguments and accordingly GRANTS IN PART JC Penney’s Motion to Dismiss with PARTIAL LEAVE TO AMEND. 1 (ECF No. 25.)

II.FACTUAL BACKGROUND

Deckers is a Delaware corporation with its principal place of business in Goleta, California. (FAC ¶ 4.) Deckers produces footwear under the well-known UGG® trademark and other federal trademarks. (Id.; ¶ 8.) Deckers distributes its UGG footwear through authorized retailers and online. (Id. ¶¶ 8-9.)

In 2009, Deckers introduced one of its most widely…