The family owned Australian brand UGG Since 1974 have been forced to change their name amidst major legal battles with Deckers over the UGG Boot. Here, Georgia Hargreaves looks at the ongoing legal battle and explains the implications of Intellectual Property Law.
The term ‘Ugg’ has been part of Australian dialect for the last century and is used to refer to sheepskin boots. The Ugg is deeply routed within Australian heritage and originally, was handcrafted by local artists to provide comfort and warmth. The family run Australian brand, originally known as UGG Since 1974, has recently been forced to change its name amidst major legal battles from their US rival.
The ongoing Legal Battle
In Australia, ‘Ugg’ is considered a common place term and is free for use amongst the public. However, in the 1990’s the ‘Ugg Boot’ was trademarked in the US by an independent entrepreneur and sold to retail giant, Deckers Outdoor Corporation. Recognising the huge potential for the Ugg boot commercial, Deckers registered this trademark in 130 countries, essentially everywhere other than Australia and New Zealand. For Deckers, this was a stoke of genius, with major implications on smaller, independent Australian brands selling the Ugg boot.
One of the biggest cases concerned is that of Australian Leather Pty. Ltd, an independent business sued by Deckers for selling Ugg boots in the US. A US court ruled in favour of Deckers and subsequently, Australian Leather were ordered to pay hefty damages and legal fees to Deckers.
UGG Since 1974
The most recent case demonstrating Deckers solid grip on the trade mark globally is that of ‘UGG Since 1974’. The Australian brand announced on TikTok on Monday that it has been forced to rebrand for markets outside of Australia. Since 1974’s representatives have reported that the ten-year legal battle was making it increasingly difficult for the brand to trade across the globe, leaving no alternative but to change its trading name. For all global orders, the company now operates under the name ‘Since 1974’, loosing the iconic Ugg branding everywhere outside of Australia. This highlights the struggles of smaller, independent businesses in the landscape of Intellectual Property, as corporate giants hold a tight grip of the law.
Implications on Intellectual Property law
This change of name has broader implications, raising questions as to the fairness of Intellectual Property law. Should terms considered generic in certain countries be allowed as trademarks in other countries? Arguably, this risks disproportionately favours larger corporations, exposing smaller businesses to huge legal battles that they may struggle to fight.
For many Australians, this has felt like a huge loss of cultural heritage, as their local Ugg boot has become the asset of an international corporation. Although now with a different name, UGG Since 1974 continues to thrive, leveraging its reputation for authenticity and quality.
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