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.

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. 

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.

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