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ugg boots

Furry_boots.JPG

Ugg boots, also spelled ugh boots and ug boots, are a style of sheepskin boot, with wool as the inner lining and a tanned outer surface. Ugg boots often have a synthetic sole, although this is not universal.

In Australia and New Zealand, sheepskin boots have long been popular with people in rural occupations, who have ready access to the raw materials, such as sheep shearers. Their popularity increased as a result of World War I and World War II, when they were popular with aviators, because of their need to keep warm in non-pressurized planes at high altitudes. An exhibit of a WWI aviator's outfit in the Canadian War Museum cites the term "fug" boots. Ugg boots have also been popular with surfers and competitive swimmers since at least the 1960s, for keeping warm while out of the water.


Ug, Ugh or Ugg boots and have been made in Australia for almost 200 years? "We always called them Uggs, Smith says, "long before it was a trademarked brand." Brian Smith, Founder UGG Holdings, Inc. Los Angeles Magazine October 1st, 2001

The terms ugg boots, ugh boots and ug boots have been used as generic terms for sheepskin boots in Australia since 1950s and 1960s,[2] when they first appeared in advertising and other publications.

The natural properties of sheepskin results in thermostatic benefits. Thick fleecy fibres on the inner part of the boots allows air to circulate during summer so that feet do not become excessively warm. Synthetic and faux fur boots do not have these properties. In winter the sheepskin prevents heat loss and are highly prized for their effectiveness. Ugg boots are designed to be worn without socks in order to maximize the benefits of sheepskin.


Trademark controversy

In 1971, Shane Stedman registered the term Ugh-boot and other terms as trademark with the Australian Trade Mark Registry. These trademarks were subsequently sold to the American company Deckers Outdoor Corporation, which also registered other trademarks, such as UGG Australia in 1999. By 2003, Deckers had begun a campaign of legal threats against Australian manufacturers and vendors using variants of "ugh boots" to describe their wares.

As a result, Bruce and Bronwyn McDougall, owners of Uggs-N-Rugs, a Western Australia-based manufacturer, started legal action to have ug, ugg and ugh boots removed from the Australian Trademarks Registry. In January 2006, they succeeded in having Deckers's Australian trademark removed, and the words and the names were once again generic terms for sheepskin boots. Ian Thompson, Delegate of the Registrar of Trade Marks, stated: "[t]he evidence overwhelmingly supports the proposition that the terms UGH BOOT(S), UG BOOT(S) and UGG BOOT(S) 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 which should innocently come to the minds of people making this particular style of sheepskin boot."[1]

Deckers Outdoor Corporation decided not to challenge the decision in a higher court, but still hold the trademark in the United States and the European Union and continue to refer to their product as "UGG footwear". They have continued a campaign against other companies referring to products as "ugg", "ug" or "ugh" boots. They claim that they continually monitor usage of the above names on the World Wide Web, using legal means to shut down any auction or website that they feel infringes their trademark.[2] Deckers have also registered the domain uggsnrugs.com,[3] an example of cybersquatting. They refer to the abovementioned decision of the Australian Registrar of Trademarks, but incorrectly[citation needed] claim it is an opinion rather than a judicial determination, and has little-to-no value as a legal precedent in the United States.[4] The website also lists the results of Uniform Domain-Name Dispute-Resolution Policy cases taken to an arbitration provider, which mostly relate to cybersquatting by Deckers. A search of the US trademark registry yields the following information on the very first time UGG was trademarked in the US (and note that it was abandoned in 1985):


The Word Mark UGG Goods and Services (ABANDONED) IC 025. US 039. G & S: FOOTWEAR, NAMELY BOOTS MADE OF SHEEPSKIN. FIRST USE: 19791228. FIRST USE IN COMMERCE: 19791228 Live/Dead Indicator DEAD Abandonment Date July 8, 1985.[5]

The following is what Deckers state at the domain related to UGGS-N-RUGS.[6]:


Back in 1978, young Australian surfer Brian Smith introduced his UGG® brand sheepskin boots to the United States. He hit the streets armed with two-dozen pairs of his UGG sheepskin boots ready to make his “sheepskin to riches” story come true.[7]

Clearly there is a discrepancy in the dates. The trademark register says that "UGG" (with reference to ugg boots) wasn't used in the US until 1979 but Deckers' claim it was 1978 in their various marketing texts.

Owing to USA trademark laws, many companies selling into the USA now market these boots as "sheepskin boots". Popular brands are Emu Australia, UGLY, Warmbat, Uggs-N-Rugs, Rocket Dog, Bear Paw and Koolaburra.

References

  1. ^ [1] (PDF file)
  2. ^ Decker Outdoor Corporations "uggsnrugs" web-site, accessed 25 September 2007.
  3. ^ On 25 September 2007, this web page read: This website is operated by Deckers Outdoor Corporation. Deckers is not affiliated in any way with Uggs-N-Rugs, Kenwick, Western Australia. If you are looking for Uggs-N-Rugs, Kenwick, Western Australia, type “uggs-n-rugs.com” into your browser.
  4. ^ Decker Outdoor Corporations "uggsnrugs" web-site
  5. ^ Search US Trademarks Register.
  6. ^ Uggs-N-Rugs web-site
  7. ^ Decker Outdoor Corporations "uggsnrugs" web-site

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