Imagine That IP Law Blog

Aggressive IP enforcement can be a powerful tool for protecting product designs, brand equity, and market position. But the related proceedings between Deckers Outdoor Corporation and Last Brand, Inc., d/b/a Quince, show the other side of that strategy: when enforcement becomes sufficiently broad, repetitive, or unsuccessful, the enforcement campaign itself may become the subject of litigation.

Following the jury verdict in Deckers Outdoor Corp. v. Last Brand Inc., Quince did not simply declare victory and move on. As discussed in our companion post on the Deckers jury trial ... Read More ›

On the surface, design patents often look straightforward: a handful of drawings, one claim, and a short specification (description). But the recent path of Deckers Outdoor Corporation’s U.S. Design Patent No. D927,161 (161 Patent) shows how deceptively complex design-patent enforcement can become once a patent moves from prosecution to PTAB challenge to jury trial.

The ’161 Patent survived an inter partes review (IPR) challenge at the institution stage. Yet the same design patent later went to trial, where a jury found infringement but also found the patent invalid ... Read More ›

The February 2026 federal district court and ITC complaints filed by General Motors against various aftermarket parties allegedly working “in concert” in the automotive replacement-parts market portend a new chapter in design-patent enforcement litigation. They may also provide a testing ground for two important Federal Circuit decisions: Automotive Body Parts Ass’n v. Ford Global Technologies, LLC, (“ABPA”) in 2019, and LKQ Corp. v. GM Global Technology Operations LLC,) (“LKQ”) in 2024. In those decisions, the Federal Circuit confirmed, on the one hand, in ... Read More ›

The Fourth of July is a natural opportunity for brands to focus on patriotic messaging, especially around America’s 250th celebration.

“Made in USA,” “American made,” “Built in America,” flag imagery, red, white, and blue packaging, and references to American workers or craftsmanship are all powerful marketing tools. They are also high risk advertising claims when the product, components, or manufacturing process do not fully support the claim. Accordingly, here is a timely reminder for companies to review how U.S. origin claims appear across packaging ... Read More ›