US-based footwear and clothing giant, Deckers Outdoor Corporation, continue legal proceedings in a US court against Sydney-based company, Australian Leather Pty Ltd, for using the word “ugg” to describe its sheepskin boots being sold in overseas markets. This is the latest in a series of disputes relating to use of the word “ugg” by Australian manufacturers of sheepskin boots.
Locally, “ugg” is a generic term to describe a flat-soled, sheepskin boot with fleece on the inside. While there are dozens of trade marks registered in Australia which contain the word “ugg” as part of a phrase or logo, the term “ugg” itself is non-distinctive and not able to be registered here. As a result, it is used by multiple manufacturers in the local market without issue. Overseas, where “ugg” has not entered the local vernacular, it’s a different story. Deckers Outdoor Corporation has successfully registered “UGG” as a trade mark in the US and over 130 other countries, including China and members of the EU. This means that manufacturers like Australian Leather who describe their boots as “ugg boots” in these countries run the risk of being sued for trade mark infringement by Deckers, who is well-known for being litigious in this area.
