Ugg boots
Ugg boots
Prior legal disputes between some manufacturers of sheepskin boots arose as to distinguish whether "ugg" is a protected trademark, or a generic term and thus ineligible for trademark protection. There are more than 70 registered trademarks that include the term "ugg" in various logos and designs in Australia and New Zealand, as the term is considered a generic reference to a type of shoe.
Noteworthy manufacturers in Australia and New Zealand are
History
There are different claims to the origins of the ugg boot style. Artisanal sheepskin boots were known in rural Australia during the 1920s,[14] and were reportedly worn by shearers as they found them resistant to wool yolk (lanolin), which would rot their ordinary boots. However, when commercial manufacturing began remains unclear. The boots were reportedly being manufactured in 1933 by Blue Mountains Ugg Boots of New South Wales.[15] Frank Mortel of Mortels Sheepskin Factory has stated that he began manufacturing the boots in the late 1950s.[16][17] Surfer Shane Stedman of Australia has stated in interviews that he invented the ugg boot.[18] Perth sheepskin boot manufacturers Bruce and Bronwyn McDougall of Uggs-N-Rugs have manufactured the boots since the late 1970s.[19]
The origin of the term "ugg" is also unclear. Stedman registered the trademark "UGH-BOOTS" in Australia in 1971, and in 1982 registered the "UGH" trademark.[20] Frank Mortel claims that he named his company's sheepskin boots "ugg boots" in 1958 after his wife commented that the first pair he made were "ugly."[21][22][23] Some accounts have suggested that the term grew out of earlier variations, such as the "fug boots" worn by Royal Air Force pilots during World War I.[24]
The 1970s saw the emergence of advertising using the UGG[25] and UGH[26] terms both in trade names and as a generic term in Australia.[1] The Macquarie Dictionary of the Australian language first included a definition for "ugg boot" as a generic term for sheepskin boots in its 1981 edition.[19] (After Stedman complained to the editors of Macquarie, subsequent editions indicated that "UGH" was a trade mark.)[1]
In the 1970s, ugg boots became popular among competitive surfers.[19][22][27] Sheepskin footwear accounts for around 10 percent of footwear production in Australia.[28]
International sales
Surfing helped popularise the boots outside Australia and New Zealand. Advertisements for Australian sheepskin boots first appeared in
Shoe manufacturer Hide & Feet in Newquay, England began manufacturing sheepskin boots in 1973, and in 1990 Nick Whitworth and his wife Kath bought the business and registered "UGG" as a trade mark in the UK. Due to increasing popularity and sales, in 1991 the company changed its name to "The Original Ugg Co." In 1999, Whitworth sold the company name and the British UGG trade mark to Deckers Outdoor Corporation, renaming his company the Celtic Sheepskin Company.[32]
By 1994, UGG boots had grown in status among surfers in California with 80% of sales in southern
Australian ugg boots are not considered fashionable in their countries of origin and are worn for warmth and comfort.
Design
Traditional Australian ugg boots are made from sheepskins with fleece attached. The fleece is tanned into the leather and the boot is assembled with the fleece on the inside. Some ugg boots have a synthetic sole, commonly made from Ethylene-vinyl acetate (EVA). The stitching is often prominent on the outside of the boot. The natural insulative properties of sheepskin gives isothermal properties to the boots: the thick fleecy fibres on the inner part of the boots wick moisture and allow air to circulate, keeping the feet at body temperature[48] and allowing the boots to keep feet warm in cold weather and cool in hot weather.[49] Produced by a number of manufacturers, they come in a variety of colours, including black, pink, blue, chestnut, and fuchsia.[50] They are available in both pull-on and lace-up varieties and their height can range from just above the ankle to above the knee.[50]
Some variations of ugg style boots have also been made from kangaroo fur and leather. There are also synthetic boots. Although derided as "fake" by some in the industry, their lower price made them appealing to large retail chains such as Myer.[51]
Animal rights
Sheep-skin is a by-product of processing sheep for human consumption. That is, sheep are not specifically killed for their skins. Because it is a by-product, the supply of sheep-skin is limited by the number of sheep processed for the meat industry. The rise in the popularity of "UGG"-branded ugg boots has been the "driving force" in recent shortages, which have seen sheep-skin prices from 2010 to 2012 increase by up to 80%.[52]
As one of many clothing products made from animal skin, sheepskin boots have been the subject of criticism by the animal rights movement, and producers have responded by improving animal welfare.[53] Animal rights groups call for the boycott of sheepskin boots and their replacement with synthetic alternatives.[54] In 2007, Pamela Anderson, realizing that the boots were made of skin, called for a boycott on her website.[55] In February 2008, the Princeton Animal Welfare Society staged a campus protest against the fur industry, particularly attacking the sheepskin boot industry.[56]
Trademark disputes
The trademarking of the UGG name has been the subject of dispute in several countries.
The first trademark application for UGG in the United States was filed by Brian Smith's company in 1984.
In response to these actions by Deckers, some Australian manufacturers formed the Australian Sheepskin Association to fight the corporation's claim, arguing that "ugg" is a generic term referring to flat-heeled, pull-on sheepskin boots. One of these manufacturers,
See also
References
- ^ a b c Thompson, Ian. "Decision of a Delegate of the Registrar of Trade Marks with Reasons" (PDF). 16 January 2006. IP Australia. Archived from the original (PDF) on 29 July 2008. Retrieved 20 January 2015.
- ^ a b "The uggly side of life". The Age. 27 September 2006.
- ^ Kell, John (9 December 2010). "Emu Australia amused by Deckers lawsuit over 'ugg', 'ugg boot' trademarks". The Australian. Retrieved 26 April 2016.
- ^ a b c d e f g h i Marks, Kathy (18 January 2006). "Ugg: How a minnow put the boot into a fashion giant". The Independent. Archived from the original on 5 June 2008. Retrieved 26 August 2010.
- ^ a b c d The battle of the UGG BOOT continues Hynes Lawyers 11 February 2011
- ^ Trade Marks Hearings 16 January 2006. Decision of a delegate of the registrar of trade marks with reasons. Pg 10
- ^ a b Website of Walker Morris UK solicitors firm, Leeds. Archived 31 March 2012 at the Wayback Machine "Legal Briefing from the Trade Marks and Designs Group, 3 October 2011."
- ^ Marisa Meltzer (30 March 2016). "Ugg: the look that refused to die". The Guardian. Retrieved 10 May 2021.
- ^ Australian ugg boot maker loses appeal against US giant Deckers ABC News
- ^ "The Australian Made Campaign: Ugg Australia". australianmade.com.au. Retrieved 18 December 2020.
- ^ Peoria Journal Star. Retrieved 17 June 2014.
- ^ Deckers – Footwear brands
- Sydney Morning Herald3 May 2017
- ISSN 0196-3228.
- Daily Telegraph. Sydney, Australia. p. 7.
- ^ "What's in a name?". Central Coast Express. Sydney, Australia. 9 March 2004. p. 20.
- New Zealand Herald. Retrieved 5 September 2012.
- ^ "Ugg inventor Shane Stedman happy to trade dollars for surf". News.com.au, originally reported by Sydney Morning Herald. 15 February 2011. Retrieved 5 September 2012.
- ^ a b c "The Good, the Bad and the Ugg Boot". 2006. Australian Screen, National Film and Sound Archive. Retrieved 5 September 2012.
- ^ IP Australia Ugg Boot Fact Sheet, Government of Australia, IP Australia, 2006
- ^ Hansard transcript House of Representatives 17 February 2004
- ^ a b Marks, Kathy (17 February 2004). "There's no business like shoe business". The Independent. London, United Kingdom. Retrieved 17 November 2009.
- New Zealand Herald. Auckland, New Zealand. p. 33. Retrieved 18 November 2009.
- ^ "What's in a name?". Central Coast Express. 9 March 2004. p. 20.
- ^ Canberra Times, 10 December 1971
- ^ Canberra Times, 25 February 1972
- The Dominion Post. Wellington, New Zealand. p. A17.
- ^ a b c McAllister, Robert The Aussie invasion. Australian footwear manufacturers export to the U.S. Footwear News Condé Nast 6 February 1995
- ^ a b c d "Behind the Brand: The Golden Fleece". The Wall Street Journal, 9 September 2010.
- ^ Los Angeles Magazine, 1 October 2001, page 75
- ^ a b c From Ugg to uglier The Daily Telegraph 29 February 2004
- ^ "Our History". Celtic Sheepskin Co. Retrieved 20 January 2015.
- ^ a b Foster, Caryl Ugg's going mainstream with slimmer boots Footwear News Condé Nast 14 February 1994
- ^ Cronin, Emily The story of Ugg The Daily Telegraph 30 January 2011
- ^ Fortune Magazine. Retrieved 25 August 2010.
- ^ a b "Deckers Outdoor completes acquisition of UGG Holdings (Press release)". Business Wire. Retrieved 25 August 2010.
- ^ a b Fink, Karl V.; Johnson, Carolyn M.; Miranda, David P. (5 February 2004), "UGG Holdings, Inc. and Deckers Outdoor Corporation v. Paul Barclay d/b/a Australian Made Goods", National Arbitration Forum. Retrieved 25 August 2010
- ^ The boganvillea is flowering and the hats are on the Kat The Age 23 June 2011
- ^ Living east of Boganville? Madrigal Communications 27 October 2011
- ^ Albion Park: home of the giant ugg boot? Illawarra Mercury 5 September 2009
- ^ Huffington Post. Retrieved 30 June 2014.
- ^ Brown, Suzanne S. (21 December 2003) "Ooh, so comfy, but ugh! so hard to find". Chicago Tribune, p. 7B.
- ^ "Aus weichem Wildleder mit Butter". Cernotazi, 3 November 2012. Accessed 26 March 2013.
- ^ Silverstein, Barry. BrandChannel.com "UGG Australia: the good, the bad, and the UGGly." Archived 9 October 2012 at the Wayback Machine, 10 December 2007. Accessed 26 March 2013.
- ^ Deckers Outdoor Corporation. 23 February 2005. Retrieved 12 February 2013.
- ^ "Ugg: The battle over an iconic Australian boot", BBC News, 17 October 2017
- ^ "Battle to use the term 'ugg boots' continues in US court", Sydney Morning Herald, 3 May 2017
- ^ Grant, Lorrie (10 December 2003). "UGG boots a fashion kick". USA Today. Retrieved 17 November 2009.
- ^ Julie Neigher (20 December 2009). "It looks like Ugg love". Los Angeles Times. Retrieved 19 June 2010.
- ^ a b Plant, Simon (22 February 2007). "Shake your booty". Herald Sun. Melbourne, Australia. p. W22.
- ^ a b Needham, Kirsty (13 March 2004). "Putting the boot in". The Sydney Morning Herald. Sydney, Australia. p. 33. Retrieved 17 November 2009.
- ^ Sheepskin and Shearling Frequently asked Questions Shepherd's Flock
- ^ "Animal Welfare FAQ". UGG Australia. Retrieved 4 February 2016.
- ^ Pledge Never to Wear UGGs! PETA 2015
- ^ "Pamela Anderson Learns Ugg Boots Made From Sheepskin, Speaks Out Against Them". Fox News. 28 February 2007. Retrieved 14 May 2010.
- ^ ""PAWS takes aim at Ugg boots". Daily Princetonian. 25 February 2008.
- ^ "Verdict: Case number / Docket number: 74950 / HA ZA 08-2234" (in Dutch). Court Dordrecht. 24 December 2008.
- ^ "U.S. Serial No. 73492075". USPTO. 27 June 1984. Retrieved 22 September 2015.
- ^ Arnold, James (19 February 2004). "Aussie boot battle takes an Uggly turn". BBC News. Retrieved 23 August 2010.
- ^ "UGG Holdings, Inc. and Deckers Outdoor Corporation v. Paul Barclay d/b/a Australian Made Goods". National Arbitration Forum. Retrieved 22 September 2015.
- ^ "Previous cases". Nominet. Retrieved 22 September 2015.
External links
- Documentary film on the trademark dispute: Produced and directed by Susan Lambert, Jumping Dog Productions (14 September 2006). The Good, The Bad, and The Ugg boot. Australian Broadcasting Corporation.
- "Save Our Aussie Icon" – campaign against the trademark
- U.S. Patent and Trademark Office: "" Trademark Search"
- World Intellectual Property Office: ""Trademark Search"
- A listing of Deckers Outdoor Corporation trademarks containing the word UGG, registered in over 100 countries.