Ugg name underwent Australian copyright battle

By: Larissa Padden

Posted: 1/17/08

Ugg's succinct and descriptive name almost didn't make it to the States.

The term "Ugg" was used traditionally to refer to any boot lined with sheepskin. This followed a technique that began when shearers in Australia would wrap sheepskin around their feet to keep warm

.It wasn't until the 1970s, that Australian surfer Brian Smith coined the term and sold it to U.S. manufacturers, Decker Outdoor Corporation.

In 2004, the Ugg boot trend was at its height, and the boots were becoming more popular than ever. To corner the market, Decker sent a letter to all Australian manufacturers warning against using the term Ugg or any forms of the word.

The letter shocked many local family companies in Australia that had been selling Ugg boots for generations. Decker offered no monetary compensation and threatened manufacturers with litigation, citing trademark as its basis of defense.

Many companies then banded together to fight Decker, claiming the term Ugg was a "generic term" and therefore could not be trademarked.

In order to be established as a generic, Australians had to show that the term had been so frequently used, it had become associated with an entire category of boots.

In January of 2006 the organization that regulates trademarks in Australia, IP Australia, agreed to the generic use of the name "Ugg," and ordered it to be removed from the register.

This allows manufacturers throughout Australia to continue to use the term "Uggs" to sell their boots. However, it has in no way slowed the sale of Decker's Uggs in the United States.