SAVE OUR AUSSIE ICON!
The Great Australian Ugg Boot!
Many of you will have read recently that an
American company (Deckers Outdoor Corporation
[Deckers] trading as Ugg Holdings, Inc. in
America), who use the label UGG Australia, are having their lawyers send out
threatening letters to most if not all manufacturers
and retailers selling ugg boots. In essence,
Deckers claim to own the trademark "ugg" which
has been trademarked in the US and ugh and
ugh-boots which they purchased as trademarks
here in Australia. However, when the first
trademark was going through in the US, when
asked by the USA federal trademark office's
examiner, Susan Heller, on March the 7th 1986 "What
is the significance of the term ugg?",
she was told under oath that "There is
no significance of the term UGG in the relevant
trade or industry." This is despite the
fact that many years prior; ugg, ug, and ugh
were all generic terms for sheepskin boots
and were so much a part of popular culture,
they were referenced in Australian dictionaries.
Deckers argue that they have spent millions
marketing the term ugg. What about the tens
of millions spent for at least a century by
Australian manufacturers? Proper due
diligence would have yielded the term's
genericness.
Trademark law clearly states that no protection
exists for generic words. Handing over exclusive
use to any company WILL end up in the loss
of jobs and businesses because none of the
small businesses involved can afford to re-educate
customers to search on a NEW common term or
terms. Don’t forget that most of these
businesses are operating on the Internet where
search terms are the only way to be found.
So developing a new name is just not a solution.
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News
Flash
16 January 2006
Australian manufacturers today are pleased with
the outcome of a significant step in their right
to reclaim the generic word "ugg, ugh and ugg
boots" after Ian Thompson (Hearing Officer
with IP Australia) announced, subject to any
appeal within the allotted time, the removal of
registration 245662 (UGH-BOOTS) from the
Australian trademarks register, for non-use.
This non-use action was initiated by Bronwyn
and Bruce McDougall who run a small family
business "Uggs-N-Rugs" in Western
Australia. Refer to some of the press
articles for further information.
This is a monumental win for Australians and
Australian manufacturers and retailers.
Update:
The battle to keep the
Australian ugg boot term generic and descriptive
is still raging. Various actions are being
heard in both Australia and the United
States. Significant and important
evidence has been found but we know more evidence
(newspaper and magazine ads, books, tv ads, radio
transcripts, brochures, etc.) - particularly
before 1970 - is out there. If you have or
are aware of such evidence (or have worked in the
ugg boot industry before 1970) please contact
us.
Just remember, the label
"UGG Australia" with a rising sun is NOT Australian.
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How can you help
Join us in the fight to keep the Australian
ugg boot manufacturers and retailers in business.
Sign up to our supporters list.
Also consider donating to our fighting
fund. More details from our Fundraising page.
Our aim is to get 50,000 email supporters.
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