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

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

OTIS D. WRIGHT, II, District Judge.

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…