A
new year and a new federal court battle looms in the saga of UGG.
The
UGG Boot is the sheepskin boot which always attracts attention. Some view the
thing as a fashionable must-have item while others view it as a ridiculous
fashion crisis. Whatever the case may be, claims for ownership of the brand are
ruthless.
The
term UGG is now accepted as being a generic term. However, trade mark rights
can be attached to uniquely stylised logos which include the word.
Deckers
Outdoor Corporation is a U.S. company which notoriously acquired a number of
trade mark registrations and rights in various UGG marks and aggressively
attempted to enforce those rights. A few years ago, certain marks owned by
Deckers were successfully challenged on the basis of non-use. However, Deckers
still own a number of other UGG registrations and continue to seek rights for
other variations.
A
new player in the UGG trade mark saga is Luda Productions, an Australian
company which has been selling UGG boots for a significant number of years.
Luda sought trade mark protection for a number of logos which include the word
UGG.
Deckers
challenged the registration of Luda’s marks in an opposition before IP
Australia. The oppositions were dismissed. The key factors which influenced the
decisions being that Luda were able to provide convincing evidence of prior use
of their marks and Deckers failed to prove that they held a reputation in the
marks in the Australian market at the time the marks were filed.
Deckers
are not giving up and have filed for an appeal of the opposition decisions with
the Australian Federal Court. It is likely the case will not be heard until
late 2011, so stay tuned!
by Simon Ellis
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