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"A trade mark registered under Australia's trade mark laws only provides rights for trade within Australia's borders. Trade mark laws are national laws and each country registers and protects trade marks within their own jurisdiction." "The Internet provides easy access to global markets and takes no account of national borders. If you are trading on the Internet you need to understand the laws of the country into which you are selling goods or services. If you place an offer for sale on the Internet in Australia that invites purchase from overseas, this can amount to trading overseas and could leave you vulnerable to legal action and expensive litigation. Likewise an overseas proprietor selling goods in Australia via the Internet may infringe an Australian trade mark."[19]
Deckers Outdoor Corporation holds registrations for the UGG trademark in the United States, China and the European Union and 100+ other countries. The validity of the UGG trademark outside of Australia has also been challenged, but courts have consistently upheld its validity. In 2005, the validity of the UGG trademark was challenged in Federal Court in California; the court ruled for Deckers, stating that consumers in the United States consider UGG to be a brand name.[8] A similar challenge was also rejected in the Netherlands, where the court ruled that UGG is a well-known brand in the Benelux economic zone.[9] In that case the court stated: "... the objection (to validity) will be stricken down. [Defendant's argument is] that Australian companies, such as Jumbo Ugg believe that the word UGG is a generic name. One cannot establish the fact that this is considered a generic name in Benelux based on the opinion of one or more companies in Australia. ... therefore, the legitimacy of the brand is upheld. The court has no reason to doubt that [UGG] is a well-known brand in Benelux."[9]
Bruce and Bronwyn McDougall,[link widoczny dla zalogowanych], owners of Uggs-N-Rugs, a Western Australia-based manufacturer, started legal action against the UGH-BOOTS registration in 2005. Specifically, they brought a non-use action against Deckers alleging that Deckers had not actively used the UGH-BOOT trademark in Australian commerce for the past three years. Their action was successful, and the UGH-BOOT registration was removed from the Australian Trademark Registry. In their reasons, the officer states:
[edit] Counterfeiting
The opponent has not demonstrated any use of the trade mark as registered, whether before, during,[link widoczny dla zalogowanych], or after the period in question. In fact, read closely, Mr Kalinich’s sworn statement, above, appears to affirm that the opponent has not used the trade mark as registered[5].
Law enforcement officials in Great Britain, the U.S. and China have reported seizures of counterfeit 'UGG Australia' boots.[16][17][18] Deckers continually monitors usage of the UGG trademark on the World Wide Web, taking action against auctions and websites that infringe its trademark. The Australian Trade Marks Office, IP Australia cautions:
[edit] Trademark controversy This article may contain original research. Please improve it by verifying the claims made and adding references. Statements consisting only of original research may be removed. More details may be available on the talk page. (August 2008)
1 History
2 Trademark controversy
3 Counterfeiting
4 References
5 External links [edit] History This section does not cite any references or sources.
Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2010)
In Australia and the United States, Deckers' rights in the UGG mark have been challenged, with differing outcomes. In 1971, Shane Steadman registered the trademark UGH-BOOT on the Australian Trade Mark Registry, and obtained an Australian registration for UGH in 1982. These registrations remained valid in Australia until removed for non-use in 2006. Steadman sold his UGH brand boots widely in Australia throughout the 1970s and 1980s.[citation needed] This registration was subsequently sold to Deckers Outdoor Corporation, which also registered other trademarks including the UGG AUSTRALIA label (with sun-like device) in Australia.
UGG Australia is a division of Deckers Outdoor Corporation,[link widoczny dla zalogowanych], Goleta, California. UGG is a registered trademark in the United States and over 100 other countries for a brand of [link widoczny dla zalogowanych] and other footwear, as well as bags, clothing,[link widoczny dla zalogowanych], outerwear and other goods. Deckers also owns registrations for UGG AUSTRALIA brand in various countries around the world.
[edit] References [edit] External links The Good, The Bad and the Ugg Boot Study
The Good, The Bad and the Ugg Boot 2006 documentary film on the trademark dispute (see also Australian Film Commission database)
"Putting the Boot In",[link widoczny dla zalogowanych], Sydney Morning Herald, 13 March 2004
Direction to remove 245662 (UGH-BOOTS) from the Register of Trade Marks. Trademarks Act 1995: Decision of a Delegate of the Registrar of Trademarks with Reasons: Findings of Australian Trademark Hearing. 16 January 2006. (PDF file)
The applicant [Luda Productions Pty Ltd] has attested to use of the words ‘UGG Australia’ in various forms over the years. None of the versions are particularly embellished, though some are accompanied by various descriptive additions. All the various versions provided as examples in the evidence of use fall into the category of substantially identical trade marks. All are clearly identified via the words ‘UGG Australia’. There is no other significant identifying feature in any of the applicant’s trade marks when in use. I am satisfied that the applicant has substantiated appropriate use for the provisions of subsection 44(4), and that it is thus appropriate to apply that subsection in the applicant’s favour.[7]
Finally, in 2010, IP Australian ruled on a dispute dating back to 2004. The decision rejected Deckers Outdoor Corporation Inc's objections, and granted Luda Production Pty Ltd the right to move to the registration phase of their UGG AUSTRALIA and MADE BY UGG AUSTRALIA labels and the phrase MADE BY UGG AUSTRALIA, subject to appeal. In their decision, the officer specifically refers to the phrase UGG AUSTRALIA:
The UGG Australia brand is best known for its "Classic" sheepskin boots worn by both men and women. [link widoczny dla zalogowanych] have been identified as a fashion trend for men and women since the early 2000s.[1][2] The range has expanded to include not only footwear, but UGG brand bags, clothing, outerwear, hats, gloves and other goods. Deckers has reported sales of US$689 million under the UGG brand in 2008,[3] an increase from US$14.5 million in 1995.[4]
In 1978, an Australian surfer, Brian Smith, introduced his UGG brand sheepskin boots to the United States, arriving with two dozen pairs. In his first season in business, Brian sold 28 pairs of boots. The UGG brand steadily grew, and in 1995 Deckers Outdoor acquired the business and continued to expand it. [link widoczny dla zalogowanych] are now very popular worldwide.
In a second non-use action between Deckers and Luda Production Pty, IP Australia confirmed that Deckers owned the trademark of their UGG AUSTRALIA label (with sun-like device), however the scope of the trademark was narrowed, being was restricted to just footwear. In their decision, the officer states:
I am satisfied that there has been genuine commercial use of the trade mark in relation to the following goods: footwear, including boots, shoes and clogs. Subject to any appeal from this decision, I direct that after 28 days from this decision, the trade mark registration be restricted to these goods.[6].
In response to counterfeits being sold on the Internet, people of various ages and nationalities have generated websites, blogs and videos on how to spot fake 'UGG Australia' boots.[20][21][original research?]
Likewise, the National Arbitration Forum, which has been appointed by ICANN to resolve most Internet domain name disputes, has used Deckers Outdoor Corporation ownership of the UGG trademark in the United States as part of its decision to direct Internet domains containing UGG to be transferred to Deckers.[10][11][12][13][14][15]
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