Deckers Sues Costco Over Kirkland Slipper That Looks a Lot Like an UGG
Deckers Outdoor Corporation, the company behind UGGs, has filed a federal lawsuit against Costco, claiming the retail giant’s Kirkland brand has knocked off one of its most recognizable products—the UGG Tasman slipper.
The lawsuit, filed on May 9, accuses Costco of infringing on Deckers’ trade dress rights by designing, manufacturing, importing, and selling a slipper that closely mimics the look of the iconic Tasman. Deckers says it has been selling this specific design for over 20 years and has built substantial goodwill around it.
According to Deckers, the elements that make the Tasman slipper distinctive—and protectable under trade dress law—include:
- An embroidered braid around the opening of the upper portion
- A raised, prominent seam running down the center of the slipper
- A raised, dome-shaped toe
- A brushed suede-like exterior
- A thick, flat outsole
Deckers alleges these features are non-functional and purely aesthetic, precisely the type of design that trade dress law is meant to protect. The lawsuit claims Costco’s Kirkland slippers are so similar that consumers may mistakenly believe they’re connected to or endorsed by Deckers.
Decker’s UGG Tasman®
Costco’s Kirkland Version
The complaint also takes aim at Costco’s intent, describing the alleged infringement as “willful,” “deliberate,” and “in reckless disregard” of Deckers’ rights. As a result, Deckers is asking the court for:
- Profits Costco earned from the sale of the slippers
- Any damages Deckers has sustained
- Punitive damages meant to deter future infringement
- Attorney’s fees
From a legal perspective, trade dress protection hinges on whether a product’s design is non-functional and distinctive. In this case, Deckers appears to have a strong claim, particularly given the unique decorative trim and construction around the ankle, features that could easily have been altered in Costco’s design.
If the court agrees, Costco could be forced to pull the slippers from its shelves and pay damages. The case could also serve as a warning for other retailers tempted to create house brands around popular UGGs.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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