Intellectual property solicitors at Walker Morris have helped Deckers Outdoor Corporation succeed in its design right and trade mark infringement claim against Paradox Retail Limited and its directors.
Deckers, the famous US based footwear company and owner of the iconic UGG brand, brought an action in the Intellectual Property Enterprise Court (IPEC) against Paradox and its directors after the company attempted to import a large consignment of boots which infringed Deckers' registered design rights and trade mark rights.
Under the terms of a Court Order of HHJ Hacon in the IPEC, Paradox and its directors are (i) injuncted from infringing Deckers' rights in the future, (ii) are required to deliver up and forfeit all of the infringing boots within their possession and (iii) are required to provide information regarding Paradox's supply chain. Deckers were given permission to apply to Court for its costs, which it has now done, and also for directions for an enquiry as to an account of profit or damages.
Alan Harper, Associate Intellectual Property Solicitor at Walker Morris said:
“This is great victory for Deckers. The UGG brand and products are well recognised around the world and the infringement of its intellectual property is harmful to the business and will not be tolerated. We are delighted with the outcome and feel it will act as a warning for others against dealing in such products. The case demonstrates how vital it is for businesses to protect the commercial value of their brand and design rights.”
Gianni Georgiades Managing Director UGG EMEA said:
“Counterfeiting is not only a consumer and business fraud issue, but a larger social plague that involves global human rights, child labor and health and safety issues. Deckers are committed to combating counterfeiting to protect our consumers, and the chain of unseen and unknown victims of these crimes.”