Originally, the trademarked term "Ugh-Boot" and similar terms were trademarked by Shane Stedman in 1971. These trademarks were subsequently sold to Deckers Outdoor Corporation, a large company based in the United States, who subsequently also registered terms including "Ugg Austalia".
At the same time, Deckers started to take legal action against the Australian companies for using their (newly) trademarked term. The irony of this was that the Deckers "Ugg Australia" boots were actually manufactured in China!
Following retaliatory legal action by Uggs-N-Rugs, an Australian company, the terms ug, ugg and ugh boots have all been removed from the register of Australian trademarks, and their generic use is allowed once more. Ian Thomson, the Delegate of the Registrar of Trade Marks in Australia stated "the evidence overwhelmingly supports the proposition that the terms UGH BOOT(S), UG BOOT(S) and UGG BOOT(S) are interchangeably used to describe a specific style of sheepskin boot and are the first and most natural way in which to describe these goods which should innocently come to the minds of people making this particular style of sheepskin boot."
It is interesting to note that Deckers have taken to cybersquatting by registering the domain uggsnrugs.com for themselves.
Whilst Deckers have allowed this decision to stand in Australia, they still hold the associated trade marks in the US and EU. However, holding the trademark to a generic name is something that I believe would be difficult to uphold in a court. As indicated by the Registrar of trademarks in Australia, when people refer to Uggs they are usually referring to a style of Australian sheepskin boot, not a Chinese import! |