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This article is about the type of footwear. For the brand known as "UGG", see UGG Australia.
A pair of ugg boots

Ugg boots (sometimes called uggs)[1] are a unisex style of sheepskin boots, made of twin-faced sheepskin with fleece on the inside and with a tanned outer surface, often with a synthetic sole.

Originating in Australia or New Zealand, where they became popular in the 1970s, ugg boots emerged as a fashion trend in the United States in the late 1990s and as a world-wide trend in the late 2000s.

There has been a dispute between some manufacturers of ugg boots, as to whether "ugg" is a protected trademark, or a generic term and thus ineligible for trademark protection. Deckers Outdoor Corporation holds the UGG trademark in 145 countries worldwide.[2] Notable exceptions are Australia and New Zealand where the term is a common descriptive term for the boot style.[3]

History

Cutting ugg boot pieces from a sheepskin using a cutting press
Stitching the innersole of an ugg boot

The origins of the ugg boot style are disputed, with both Australia and New Zealand claiming to have been the origin of the footwear.[4] Sheepskin boots were known in rural Australia during the 1920s.[4] While it is not clear when manufacturing started, by 1933 sheepskin boots were being manufactured by Blue Mountains Ugg Boots,[5] and Mortels Sheepskin Factory was making the boots from the late 1950s.[6]

In regard to naming, it appears that ugg boots, ugh boots and ug boots have been used as descriptive terms for sheepskin boots in Australia and New Zealand since at least the 1960s,[1][7] although individual accounts have suggested that the terms (or variations thereof) were employed earlier – for example, "fug boots" were worn by pilots during World War I.[8] The 1970s saw the emergence of advertising using the names,[1] but Brian Smith has stated that the boots were referred to as "uggs" long before the word was trademarked.[9] Frank Mortel of Mortels Sheepskin Factory claims he named them "ugg boots" in 1958, when Mortels started production, after his wife commented that the first pair he made were "ugly."[10][11][12][13]

In the 1960s, ugg boots became a popular option for competitive surfers,[7] who used the boots to keep their feet warm after exiting from the surf.[14] Surfing helped popularise the boots outside Australia and New Zealand, when Brian Smith started selling the boots in the United States through the company Ugg Holdings, Inc. in 1979.[14] Ugg Holdings was sold to Deckers Outdoor Corporation in 1995. Generally worn for warmth and comfort, ugg boots had never been considered fashionable,[15] but in the late 1990s and early 2000s sheepskin boots emerged as a fashion trend in the US through Deckers' promotions of the UGG brand, with celebrities such as Kate Hudson, Sarah Jessica Parker, Cameron Diaz, Leonardo DiCaprio and Jennifer Lopez wearing the boots,[16][17][18][19] and with Oprah Winfrey featured UGG brand boots as one of her "Favorite Things" on her TV talk show.[20] Deckers' actions to promote their product "led to an exponential growth in the brand's popularity and recognizability" with the company reporting close to a 50-fold increase in sales from 1995 to 2008.[21][22] [23]

Concerns about quality

According to the Australian Sheepskin Association, "Consumers should beware of fake ugg boots. The dictionary definition of an 'ugg boot' is 'a sheepskin boot with the wool on the inside'. An ugg boot must be made of real sheepskin. Due to the high cost of genuine sheepskin, one of the first warning bells will be a so called 'ugg boot' advertised at a very cheap price. ... Sheepskin is a natural product which breathes, absorbs moisture and provides a warmth and comfort superior to any synthetics. (Most synthetics become very smelly with wear)."[24]

Independent testing by Channel 7 in Perth, Western Australia ranked one brand of Australian synthetic ugg boots made in China, Aussie Sheep and Wool Products, best in durability; Deckers Ugg boots, which are also made in China and were priced at over twice that of the other brands tested, were the highest quality boots made of genuine sheepskin; and all the Australian made sheepskin boots were ranked behind Deckers.[25] The Emu Ridge, Skiniks and Mortels brands "fared badly for quality".[25]

Design

Fashion ugg boots

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. Ugg boots often have a synthetic sole, commonly made from Ethylene-vinyl acetate (or EVA)[citation needed] and the stitching is often prominent on the outside of the boot. The natural insulative properties of sheepskin gives thermostatic properties to the boots: the thick fleecy fibers on the inner part of the boots wick moisture and allow air to circulate, keeping the feet at body temperature.[26] This property allows Ugg boots to keep feet warm in cold weather and cool in hot weather.[27] The original design was a pull-on boot in natural (undyed) tan sheepskin, about 10 inches (25 cm) in height, with rounded, almost shapeless uppers; this is now described as the "classic" design. Produced by a number of manufacturers, they come in a variety of colours, including black, pink, blue, chestnut, and fuchsia.[28] 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.[28]

Some variations of ugg style boots have also been made from kangaroo fur and leather.[29] There are also synthetic boots. Although derided as "fake" by some in the industry,[24] their lower price made them appealing to large retail chains such as Myer.[30]

In 2009 American podiatrist Ed Chairman raised concern that the regular wearing of ugg boots could be deleterious to foot health due to the lack of arch support.[31]

Trademark disputes

The UGG trademark has been the subject of dispute in several countries. The trademark for "Ugh-Boots" has been removed from the trademark registry in Australia for non-use.[3] Outside Australia and New Zealand, UGG (written in capital letters) is a registered trademark of Deckers Outdoor Corporation.[22]

In 1971, an Australian surfer, Shane Steadman, registered the name "UGH-BOOTS" as a trademark in Australia and began selling sheepskin boots under that name. In 1982 he registered the name "UGH" and a logo containing a stylised Sun with the words "UGG AUSTRALIA".[32] In 1979, Brian Smith, another Australian surfer, brought several pairs of Australian-made boots to the US and began selling them in New York and to surfers in California.[27] He set up Ugg Holdings Inc. and in 1996 purchased the trademarks from Steadman. In 1996 he sold his interest to Deckers and in 1999 Deckers registered the trademarks for "UGG" in the US.[32][33]

In 1999, Deckers began asserting its new trademark and sent out cease and desist letters to Australian manufacturers.[3] In the early 2000s, demand for ugg boots was soaring, partly as a result of US$8 million spent on marketing by Deckers, but also due to several celebrity endorsements.[3] Australian and USA based manufacturers began selling uggs over the Internet, and Deckers' law firm Middletons of Melbourne began a serious effort to halt the Australian companies' sales.[3] In 2004, Deckers sent cease and desist letters to a number of Australian and USA based manufacturers, including Mortels Sheepskin Factory, preventing them from selling uggs on eBay or from using the word in domain names.[34]

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. They further argued that Australian manufacturers had been making and trading this style of boot for decades, including exporting them to the US. One of these manufacturers, Perth's Uggs-N-Rugs, appealed to Australian trademark regulators.[3] The officer who heard the case stated that the "evidence overwhelmingly supports the proposition that the terms (ugg, ugh and ug boots) are interchangeably used to describe a specific style of sheepskin boot and are the first and most natural way in which to describe these goods." In 2006 Uggs-N-Rugs won the right to use the term UGG BOOT/S and variations such as UGH UGG BOOT/S. IP Australia also ruled that the trademark "Ugh-boots" should be removed from the trademark register for non-use as Deckers had only been using the UGG logo, not the UGH marks.[32][3]

Deckers retained the rights to their UGG logo, as trademark protection only applies to the way the mark appears in its entirety and not for the words it contains. [4] The 2006 ruling only applies in Australia, and Deckers still owns the trademarks in all other jurisdictions, including the US, China, Japan and the European Union.[3] In a lawsuit, Emu Australia has alleged that more than 70 registered trademarks in Australia and New Zealand include the term UGG, in various logos and designs.[32]

In 2005, the validity of the UGG trademark was challenged in federal court in California; the court ruled for Deckers, stating that consumers in the US consider UGG to be a brand name.[22] In his final order, the judge stated that the defendants had provided anecdotal evidence of the term's generic usage, but Deckers countered through submitting declarations from four professionals in the footwear industry who stated that "UGG" is widely recognized in the industry as a brand name, not a generic term.[22] Deckers also petitioned the Oxford English Dictionary to change the definition of "ugg" from "a kind of soft sheepskin boot" to a definition that included UGG’s trademark.[35]

Recent Australian cases

In 2010, IP Australia ruled on the trademark opposition dispute between Deckers and Luda Production Pty Ltd, granting Luda the right to register the trademarks UGG AUSTRALIA (& Design) and MADE BY UGG AUSTRALIA with costs awarded against Deckers. The court found that based on sales, advertising and other promotions, Deckers did not have a significant reputation in an Australian market which was dominated by Luda Productions, and thus failed the requirements of the Trade Practices Act. regarding public misapprehension of the origin of the manufacturer. The court noted that use of the trademark in Australia by Luda Productions predated Deckers infringement application by 22 years which negated Deckers claim that Luda was trading upon their reputation. Deckers has appealed the decision.[36][37]

Recent USA cases

On December 25, 2010, Deckers Outdoor Corporation filed a trademark infringement suit in a bid to stop Emu Australia from using the UGG name on its sales website. On December 30 Emu Australia counter-sued for the cancellation of Decker's UGG trademark in the US. Emu's suit alleged that Decker's trademark was obtained after a false statement to the US Trademark Office and was therefore invalid.[38] On 25 August 2011 the case was dismissed with prejudice by stipulation of the parties but the terms of the settlement were not disclosed.[39][40]

On February 10, 2011, Ugglebo Clogs filed suit against Deckers Outdoor Corp with allegations of unfair competition, deceptive trade practices and reverse confusion based on Deckers’ use of the UGG trademark for clogs and footwear. In the suit Ugglebo alleges that "ugg" is a generic term and that through "aggressive litigation, coincidence, and advertising, Defendant has successfully converted "ugg" from a generic term for sheepskin boots in Australia into a trademark for boots in the United States. Furthermore, Defendant has now extended the trademark to many non-boot footwear products such as, for example clogs, slippers and moccasins, as well as non-sheepskin." Ugglebo brand clogs have been manufactured since 1965.[41]

Counterfeiting in the Netherlands

During a trademark infringement and trade dress case, a generic term defense was rejected by a Dutch court.[42] La Cheapa distributed sheepskin boots on an Internet site from the Netherlands, describing them on its website as "100% authentic Ugg Australian boots!!!" with "UGG logo on the heel" in boxes virtually identical to Deckers packaging.[42] Ruling in favor of Deckers with costs awarded against La Cheapa, the officer who heard the case stated it cannot establish as fact that "ugg" is considered a generic name in the Benelux, based on the opinion of one or more companies in Australia.[42]

2011 Turkish decision

In 2010, the validity of the UGG trademark was challenged in a Turkish court. Judge Verda Çiçekli ruled for Deckers, finding that UGG is not a generic term and does not have any descriptive nature in the Turkish language, except to refer to Deckers products.[2] The court further ruled that UGG is a well-known trademark that has gained recognition and distinctiveness worldwide, and while acknowledging the challenger's allegations that UGG is a generic term in Australia, ruled that such alleged facts have no bearing on the validity of the trademark within Turkey.[2] Deckers was also awarded costs in the action.

Concern for animals

Being one of many clothing products made from animal skin, the production of ugg boots has been the subject of criticism by the animal liberation movement.[43] In the decade beginning in 2000, the group called for the boycott of ugg boots and their replacement with alternatives not made from animal skin.

In 2007, Pamela Anderson, realizing that ugg boots were made of skin, wrote on her website: "I thought they were shaved kindly? People like to tell me all the time that I started that trend — yikes! Well let's start a new one — do NOT buy Uggs! Buy Stella McCartney or juicy boots."[44] In February 2008, the Princeton Animal Welfare Society staged a campus protest against the fur industry, particularly attacking the ugg boot industry. "Students lay in the newly fallen snow on the Frist Campus Center's North Front Lawn on Friday afternoon, feigning death, wearing coats covered with fake blood and sporting signs that read, 'What if you were killed for your coat?' "[45]

See also

References

  1. ^ a b c Thompson, Ian (16 January 2006). "Decision of a Delegate of the Registrar of Trade Marks with Reasons" (PDF). IP Australia. Retrieved 17 November 2009.
  2. ^ a b c Website of Walker Morris UK solicitors firm, Leeds. "Legal Briefing from the Trade Marks and Designs Group, 3 October 2011."
  3. ^ a b c d e f g h Marks, Kathy (18 January 2006). "Ugg: How a minnow put the boot into a fashion giant". The Independent. Retrieved 26 August 2010.
  4. ^ a b c Terry, Andrew; Forrest, Heather (2008). "Where's the Beef? Why Burger King Is Hungry Jack's in Australia and Other Complications in Building a Global Franchise Brand". Northwestern Journal of International Law and Business, 2008. 28 (2): 188. ISSN 0196-3228.
  5. ^ Gee, Steve (23 January 2004). "Uggly Americans — The Yanks steal another one of our beaut ideas". Daily Telegraph. Sydney, Australia. p. 7.
  6. ^ "What's in a name?". Central Coast Express. Sydney, Australia. 9 March 2004. p. 20.
  7. ^ a b Burgess, Dave (12 July 2008). "An ugg boot is an ug boot is an ugh boot". The Dominion Post. Wellington, New Zealand. p. A17.
  8. ^ "What's in a name?". Central Coast Express. 9 March 2004. p. 20.
  9. ^ Higgins, Pamm (October 2001). "Booty Call". Los Angeles Magazine. 46 (10): 75. ISSN 1522-9149. "We always called them Uggs," Smith says, "long before it was a trademarked brand."
  10. ^ Hansard transcript House Of Representatives February 17, 2004
  11. ^ Ugg boots ABC Radio
  12. ^ Marks, Kathy (17 February 2004). "There's no business like shoe business". The Independent. London, United Kingdom. Retrieved 17 November 2009. "We called them Uggs from the start," he says. "Although I recall other names such as 'woolly hoppers'."
  13. ^ Marks, Kathy (19 January 2006). "These boots are made for litigation". New Zealand Herald. Auckland, New Zealand. p. 33. Retrieved 18 November 2009.
  14. ^ a b Marks, Kathy (17 February 2004). "There's no business like shoe business". The Independent. London, United Kingdom. Retrieved 17 November 2009.
  15. ^ Conley, Lucas (9 September 2010). "The Golden Fleece". Wall Street Journal. Retrieved 1 November 2010.
  16. ^ Brown, Suzanne S. (21 December 2003). "Ooh, so comfy, but ugh! so hard to find". Chicago Tribune. p. 7B.
  17. ^ Grant, Sarah (28 February 2007). "Pammy puts the boot into her uggs". Daily Telegraph. Sydney, Australia. p. 3.
  18. ^ Smith, Julia Llewellyn (29 February 2004). "From Ugg to uglier". Telegraph.co.uk. Retrieved 27 August 2010.
  19. ^ http://www.bromley-group.com/footwear.html
  20. ^ http://www.thedailywestport.com/neighbors/ubiquitous-uggs-stand-tall-wish-lists
  21. ^ "Deckers Outdoor completes acquisition of UGG Holdings (Press release)". Business Wire. Retrieved August 25, 2010.
  22. ^ a b c d Walter, John F. (February 25, 2003), UGG Holdings, Inc. -v- Clifford Severen et al, United States District Court
  23. ^ Abkowitz, Alyssa (August 19, 2009). "Deckers finds its footing with Uggs". Fortune Magazine. Retrieved August 25, 2010.
  24. ^ a b "Fake Ugg Boots". Australian Sheepskin Association Inc. Retrieved 17 November 2009.
  25. ^ a b Boot, Nicolas (9 November 2004). "Ugg Boots". Today Tonight. Channel 7 Perth. Retrieved 10 April 2011.
  26. ^ Grant, Lorrie (10 December 2003). "UGG boots a fashion kick". USA Today. Retrieved 17 November 2009.
  27. ^ a b Julie Neigher (20 December 2009). "It looks like Ugg love". Los Angeles Times. Retrieved 19 June 2010.
  28. ^ a b Plant, Simon (22 February 2007). "Shake your booty". Herald Sun. Melbourne, Australia. p. W22.
  29. ^ "Kangaroo Tipped Ugg Boots". Eagle Wools. Retrieved 05 January 2010. {{cite web}}: Check date values in: |accessdate= (help)
  30. ^ Needham, Kirsty (13 March 2004). "Putting the boot in". The Sydney Morning Herald. Sydney, Australia. p. 33. Retrieved 17 November 2009.
  31. ^ McDermott, Kathie (22 February 2009). "Are UGGs Bad for You?". NBC Chicago. Retrieved 18 March 2011.
  32. ^ a b c d The battle of the UGG BOOT continues Hynes Lawyers February 11, 2011
  33. ^ Fink, Karl V.; Johnson, Carolyn M.; Miranda, David P. (February 5, 2004), "UGG Holdings, Inc. and Deckers Outdoor Corporation v. Paul Barclay d/b/a Australian Made Goods", National Arbitration Forum, retrieved August 25, 2010
  34. ^ Arnold, James (19 February 2004). "Aussie boot battle takes an Uggly turn". BBC News Online. Retrieved 23 August 2010.
  35. ^ Behind the Brand: The Golden Fleece Wall Street Journal September 9, 2010
  36. ^ Windsor, Alison (September 29, 2010), Decision of a Delegate of the Registrar of Trade Marks with Reasons (PDF), IP Australia, retrieved November 13, 2010
  37. ^ Don't feel sheepish about your uggies The Advertiser February 28, 2011
  38. ^ "The battle of the uggs". Shoe Fair Online. 25 January 2011. Retrieved 7 September 2011.
  39. ^ Leonhardt, Megan (26 August 2011). "Deckers, Emu Resolve Ugg Trademark Suit". Law360.com. Retrieved 7 September 2011.
  40. ^ "Emu and Deckers reach settlement over Ugg name". Just-Style.com. 26 August 2011. Retrieved 7 September 2011.
  41. ^ Lara Pearson UG! Cries UGG, Sued for Trademark Infringement Rimon Law Group February 16, 2011
  42. ^ a b c Verdict: Case number / Docket number: 74950 / HA ZA 08-2234 (in nl), Court Dordrecht, December 24, 2008 {{citation}}: External link in |title= (help)CS1 maint: unrecognized language (link)
  43. ^ The Truth About Ugg Boots: History, Controversy & Who Wears Them Whygo Australia August 5, 2010
  44. ^ "Pamela Anderson Learns Ugg Boots Made From Sheepskin, Speaks Out Against Them". Fox News. 28 February 2007. Retrieved 14 May 2010.
  45. ^ ""PAWS takes aim at Ugg boots". Daily Princetonian. 25 February 2008.
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