A trademark infringement lawsuit has been filed by the owners of the Ugg brand, Deckers Outdoor Corporation, against Emu Australia.
In the lawsuit filed in a US court, US public company Deckers alleges that Emu – which sells ‘ugg boots’ ‘sheepskin ugg boots’ and other ‘ugg’ related products on its website – misleads customers into believing they are purchasing a genuine product from the phenomenally popular Ugg Australia brand.
As the legal owner of the Ugg Australia brand, Deckers believes that this amounts to trademark infringement on the part of Emu Australia.
In defence of the accusations levelled against it, Emu released a statement stating that it was “amused” by Deckers’ lawsuit, whilst also saying:
“Similar lawsuits by Deckers in Australian courts have been unsuccessful because Ugg is a generic word in Australia and there are over 70 registered trademarks in Australia and New Zealand which include the word, Ugg.”
Pursuing the case (for which professional indemnity insurance will undoubtedly be required), Deckers has said:
“Emu’s statements are clearly intended to confuse both the media and consumers about the basis of the lawsuit and are disingenuous.
“In point of fact, Emu’s infringement is occurring in the United States and in many other countries where only Deckers Outdoor Corporation enjoys trademark protection, and where consumers know Ugg as the brand name for Deckers products.”