Aust ugg boots lose fight against US giant

[imastawka]

Australian ugg boot-maker Eddie Oygur has suffered a $US450,000 ($A643,000) loss in his "David versus Goliath" legal fight with a major US footwear and apparel company.

A jury in Chicago on Friday found Mr Oygur's business, Sydney-based Australian Leather, wilfully infringed a trademark registered to California-based Deckers Outdoor by selling ugg boots online to customers in the US.

After a four-day trial, Mr Oygur was ordered to pay Deckers statutory damages of $US450,000 and he may face an order to pay millions more in legal costs.

Deckers generates more than $US1 billion in annual sales from its UGG brands.

Mr Oygur argued "ugg" is a generic term originating in Australia from the 1960s surfing community.

"It has been a cruel blow," Australian lawyer and former senator Nick Xenophon, who is in Chicago supporting Mr Oygur, told AAP.

"Everything he has worked for in Australia for over 40 years has come to this."

Deckers acquired the UGG Australia trademark in 1995.

"Deckers' products have been widely accepted by the public and are enormously popular, as demonstrated by over $1 billion in annual UGG sales," Deckers wrote in its complaint to the US District Court.

"The UGG Trademark is a famous mark."

Mr Xenophon said Mr Oygur was "devastated and defiant" after the verdict and hoped the Australian public, Prime Minister Scott Morrison and Labor Leader Bill Shorten backed the businessman's plan to appeal.

"It is not just a devastating blow for Eddie Oygur and Australia, it is a devastating blow for Australian jobs," Mr Xenophon said.

"The term ugg should never have been trademarked.

"It is a generic term that should have been protected by Australian governments in the past.

"As disappointing as the verdict is, what has been incredibly disappointing is the Australian government has failed to stand up for Eddie by providing him the legal assistance he deserves to fight this case.

"Eddie and his tiny company have been doing this all on their own."

AAP has reached out to Deckers for comment.

Well that just stinks!

https://www.msn.com/en-au/news/australia/aust-ugg-boots-lose-fight-against-us-giant/ar-AABc52z?ocid=...

[davidc4430]

legalised theft nothing less, by a big american company.

but its nothing new, seen it before and will see it again.

https://en.wikipedia.org/wiki/Ugg_boots

[martinw-48]

Just sent them a nice Aussie how do you do.

I recommend that every does the same

UGGpr@deckers.com

Is the email address

[k1ooo-slr-sales]

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@martinw-48 wrote:
Just sent them a nice Aussie how do you do.

I recommend that every does the same

---

ahhhhh, that explains the rather unpleasant Private Message you sent me this afternoon . . . . . . you were just suggesting what I should send in an email to deckers!

Seriously now, no need to be nasty with the name calling marwi.

Spoiler

[kopenhagen5]

Whatever happened to doing the right thing. 

Everyone around the world should insist on and only buy Aussie or N.Z. Uggs.

"Get the genuine item, no piggy backing allowed".

[springyzone]

It's very unfair.

I was wondering though, if the Australian company could sell to anywhere else in the world except USA and escape further trouble, or does this ban extend worldwide?

I was under the impression our Govt had legislated that UGG term could be used here & the American company had no legal right to ownership here.

Has that been rescinded? If not, then I am surprised a US court can impose penalties on an Australian company that advertises from Australia and isn't breaking any Australian laws.

Going from what i read on the boards here, that certainly doesn't seem to apply in reverse. eg Chinese companies can break copyright laws that would apply in Aust and their ads are shown on Aust ebay & they are immune from trouble as they are based in China.

[davidc4430]

i think its a very normal thing to buy acording to your hip pocket.

i would love to buy aussie everything but the costs are a killer.

i dont blame the aussie companies, its the darn level playing field we are on.

our guys have to pay decent wages and all the other over heads whilst competing against countries that have kids wouking for pennies whilst living in squalor.

we dont allow sweat shops or living on site in shyte rooms.

when we joined the global market we were told it would be a fair deal, it wasnt and never will be.

[domino-710]

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@davidc4430 wrote:

i think its a very normal thing to buy acording to your hip pocket.

---

If it is unaffordable - don't buy it.

You probably don't need it.

Given - most Chinese junk lasts 10 minutes - you've already wasted there.

Not aimed at you David - just a reply.

[kopenhagen5]

I thought the USA Uggs were similarly priced to the Aussie ones.

But I could be wrong.

[go-tazz]

The three quarter ones are $250 US.

They've basically made up their own story and don't even acknowlege that UGG boots are an Aussie icon.

Their story:

In 1978, Brian Smith landed in Southern California with a bag of sheepskin boots and hope.

He fell in love with the sheepskin experience and was convinced the world would one day share this love.

The beaches of Southern California had long been an epicenter of a relaxed, casual lifestyle, a lifestyle that Brian felt was a perfect fit for his brand.

So he founded the UGG brand, began selling his sheepskin boots and they were an immediate sensation.

By the mid 1980's, the UGG brand became a symbol of relaxed southern California culture, gaining momentum through surf shops and other shops up and down the coast of California, from San Diego to Santa Cruz.

UGG boots reached beyond the beach, popping up in big cities and small towns all over, and in every level of society.

Girls wore their surfer boyfriend's pair of UGG boots like a letterman jacket.

When winter came along, UGG boots were in ski shops and were seen in lodges from Mammoth to Aspen.

The UGG brand began to symbolize those who embraced sport and a relaxed, active lifestyle.

More than that, an emotional connection and a true feeling of love began to growfor UGG boots, just as Brian

had envisioned.

People didn't just like wearing UGG boots, they fell in love with them and literally could not take them off.

By the end of the 90's,celebrities and those in the fashion world took notice of the UGG brand.

A cultural shift occurred as well - people were embracing, and feeling empowered, by living a more

casual lifestyle and UGG became one of the symbols of this lifestyle.

By 2000, a love that began on the beaches had become an icon of casual style.

It was at this time that the love for UGG grew in the east, over the Rockies and in Chicago.

In 2000, UGG Sheepskin boots were first featured on Oprah's Favorite Things® and Oprah emphatically declared that she "LOOOOOVES her UGG boots."

From that point on, the world began to notice.