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{{short description|Type of sheepskin boot from Australia}} | |||
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{{For|the particular brand|UGG (brand)}} | ||
{{Use British English|date=May 2012}} | |||
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{{Use dmy dates|date=January 2020}} | |||
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'''Ugg boots'''<ref name="Thompson" /> are a unisex style of ] originating in ]. The boots are typically made of twin-faced ] with fleece on the inside, a tanned outer surface and a synthetic sole. The term "ugg boots" originated in Australia, initially for utilitarian footwear worn for warmth, and which were often worn by surfers during the 1960s. In the 1970s, the boots were introduced to the ] of the United Kingdom and the United States. Sheepskin boots became a fashion trend in the U.S. in the late 1990s and a worldwide trend in the mid-2000s. In Australia, they are worn predominantly as ]s and often associated with ] fashion sense and ] culture.<ref name="katz" /> | |||
'''Ugg boots''' (sometimes called '''uggs''')<ref name="IPAustralia2006-01-16" /> are a ] style of ], made of twin-faced ] with fleece on the inside and with a tanned outer surface, often with a synthetic sole. | |||
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.<ref>{{cite news| url=http://www.theaustralian.com.au/business/news/emu-australia-amused-by-deckers-lawsuit-over-ugg-ugg-boots/story-e6frg906-1225968178086| title=Emu Australia amused by Deckers lawsuit over 'ugg', 'ugg boot' trademarks| last1=Kell |first1 =John| date=9 December 2010| newspaper=]| access-date=26 April 2016}}</ref><ref name="UggHowAMinnow" /><ref name="Hynes" /><ref>Trade Marks Hearings 16 January 2006. Decision of a delegate of the registrar of trade marks with reasons. Pg 10</ref> Outside Australia and New Zealand, ] is a brand manufactured by the California-based ], with most of its manufacturing based in China and with registered trademarks in over 130 countries worldwide including the US, UK, Canada, all ] members, and China.<ref name="UggHowAMinnow" /><ref name="Turkish" /> Despite the difference in capitalisation and pronunciation (e.g., {{respell|yew|gee|gee}}<ref>{{cite news |author=Marisa Meltzer |date=2016-03-30 |title=Ugg: the look that refused to die |url=https://www.theguardian.com/fashion/2016/mar/30/ugg-the-look-that-refused-to-die |access-date=2021-05-10 |work=] |location=}}</ref> in China), Deckers Corporation actively asserts its "UGG" trade mark against Australian traders who sell their "ugg boots" overseas.<ref> '']''</ref> | |||
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. | |||
Noteworthy manufacturers in Australia and New Zealand are ], ] and Ugg Australia.<ref>{{Cite web |url=https://www.australianmade.com.au/licensees/ugg-australia |title=The Australian Made Campaign: Ugg Australia |website=australianmade.com.au |access-date=18 December 2020}}</ref> While Deckers is often referred to as the leading manufacturer of the footwear style outside Australia,<ref name="PJS" /> Deckers refers to its boots as the "UGG-brand" boot, and associates it with a "California lifestyle".<ref></ref> Following an investigation by the ] into allegedly misleading and deceptive use of "Australia" in its branding, Deckers has rebranded from "UGG Australia" to "UGG".<ref> '']'' 3 May 2017</ref> | |||
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 ] protection. ] holds the ''UGG'' trademark in 145 countries worldwide.<ref name="Turkish" /> Notable exceptions are Australia and New Zealand where the term is a common descriptive term for the boot style.<ref name="UggHowAMinnow" /> | |||
==History== | == History == | ||
] using a cutting press]] | ] using a cutting press]] | ||
] | ] | ||
There are different claims to the origins of the ugg boot style. Artisanal sheepskin boots were known in rural Australia during the 1920s,<ref name="terry2008p188" /> and were reportedly worn by ] as they found them resistant to wool yolk (]), 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.<ref name="Gee2004-01-23" /> Frank Mortel of Mortels Sheepskin Factory has stated that he began manufacturing the boots in the late 1950s.<ref name="CCE2004-03-09" /><ref name="Marks2006-01-19"/> Surfer Shane Stedman of Australia has stated in interviews that he invented the ugg boot.<ref name=SydneyMorningHerald>{{cite news|title=Ugg inventor Shane Stedman happy to trade dollars for surf|url=http://www.news.com.au/world/ugg-man-happy-to-trade-dollars-for-surf/story-e6frfkyi-1226006046295|access-date=5 September 2012|newspaper=News.com.au, originally reported by Sydney Morning Herald|date=15 February 2011}}</ref> Perth sheepskin boot manufacturers Bruce and Bronwyn McDougall of ] have manufactured the boots since the late 1970s.<ref name=NFSA>{{cite web|title=The Good, the Bad and the Ugg Boot|url=http://aso.gov.au/titles/documentaries/the-good-bad-and-the-ugg-boot/clip1/?nojs|work=2006|publisher=Australian Screen, National Film and Sound Archive|access-date=5 September 2012}}</ref> | |||
The origins of the ugg boot style are disputed, with both Australia and New Zealand claiming to have been the origin of the footwear.<ref name="terry2008p188" /> Sheepskin boots were known in rural Australia during the 1920s.<ref name="terry2008p188"/> While it is not clear when manufacturing started, by 1933 sheepskin boots were being manufactured by Blue Mountains Ugg Boots,<ref name="Gee2004-01-23" /> and Mortels Sheepskin Factory was making the boots from the late 1950s.<ref name="CCE2004-03-09" /> | |||
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.<ref name=IPAustralia>{{citation|title=IP Australia Ugg Boot Fact Sheet|year=2006|publisher=Government of Australia, IP Australia}}</ref> 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."<ref name="Hansard" /><ref name="Marks2004-02-17" /><ref name="Marks2006-01-19" /> Some accounts have suggested that the term grew out of earlier variations, such as the "fug boots" worn by ] pilots during ].<ref>{{cite news | date = 9 March 2004 | title = What's in a name? | work = Central Coast Express | page = 20 }}</ref> | |||
The 1970s saw the emergence of advertising using the UGG<ref></ref> and UGH<ref></ref> terms both in trade names and as a generic term in Australia.<ref name="Thompson" /> The '']'' of the Australian language first included a definition for "ugg boot" as a generic term for sheepskin boots in its 1981 edition.<ref name="NFSA" /> (After Stedman complained to the editors of Macquarie, subsequent editions indicated that "UGH" was a trade mark.)<ref name=Thompson>{{cite web|last1=Thompson|first1=Ian|title=Decision of a Delegate of the Registrar of Trade Marks with Reasons|url=http://www.ipaustralia.gov.au/pdfs/trademarks/hearings/245662_060116.pdf|work=16 January 2006|publisher=]|access-date=20 January 2015|archive-url=https://web.archive.org/web/20080729001425/http://www.ipaustralia.gov.au/pdfs/trademarks/hearings/245662_060116.pdf|archive-date=29 July 2008|url-status=dead}}</ref> | |||
In the 1960s, ugg boots became a popular option for competitive ]s,<ref name="Burgess2008-07-12pA17" /> who used the boots to keep their feet warm after exiting from the surf.<ref name="Marks2004-02-17" /> 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.<ref name="Marks2004-02-17" /> Ugg Holdings was sold to ] in 1995. Generally worn for warmth and comfort, ugg boots had never been considered fashionable,<ref name="AUTOREF" /> 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 ], ], ], ] and ] wearing the boots,<ref name="Brown2003-12-21" /><ref name="Grant2007-02-28" /><ref name="AUTOREF2" /><ref>http://www.bromley-group.com/footwear.html</ref> and with ] featured UGG brand boots as one of her "Favorite Things" on her TV talk show.<ref>http://www.thedailywestport.com/neighbors/ubiquitous-uggs-stand-tall-wish-lists</ref> 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.<ref name="DeckersCompletesAcquisitionOfUgg"/><ref name="Koolaburra" /> | |||
<ref name="DeckersFindsFootingWithUggs"/> | |||
In the 1970s, ugg boots became popular among competitive ].<ref name="NFSA" /><ref name="Marks2004-02-17" /><ref name="Burgess2008-07-12pA17" /> Sheepskin footwear accounts for around 10 percent of footwear production in Australia.<ref name="McAllister" /> | |||
==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)."<ref name="FakeUggBoots" /> | |||
Independent testing by ] in ] 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.<ref name="UggBootsChannel7">{{cite web | last = Boot | first = Nicolas | url = http://www.7perth.com.au/view/today-tonight-articles/20050607142617/ | title = Ugg Boots | work = ] | publisher = ] | date = 9 November 2004 | accessdate = 10 April 2011 }}</ref> The Emu Ridge, Skiniks and Mortels brands "fared badly for quality".<ref name="UggBootsChannel7"/> | |||
=== International sales === | |||
==Design== | |||
Surfing helped popularise the boots outside Australia and New Zealand. Advertisements for Australian sheepskin boots first appeared in ]n surf magazines in 1970.<ref name="WSJ">"". '']'', 9 September 2010.</ref> By the mid-1970s, several surf shops in ] and the ] were selling a limited number of boots purchased by the shops' owners while visiting surfing events in Australia.<ref name="Booty">Brian Smith. "Booty Call", '']'', 1 October 2001, page 75</ref> In 1978, a ] manufacturer of sheepskin boots, Country Leather, advertised outside Australia for distributors to sell its sheepskin boots, which were made from sheepskin sourced from ] in ], Victoria.<ref name="Booty" /> Seeing the popularity of the boots among American surfers, Australian surfer Brian Smith, then living in ], California, and colleague Doug Jensen bought boots from Country Leather but were unhappy with the brand and decided to register UGG as their own trademark. Family friends invested $20,000 into the new venture and the group set up Ugg Imports.<ref name="Booty" /> Due to other business commitments, in 1979 Jensen handed over his share of the company to Smith. In 1987 Smith registered Ugg Holdings Inc. and in 1985 registered a U.S. trademark on a ram's head logo with the words "Original UGG Boot UGG Australia." In 1995, Ugg Holdings purchased Stedman's various trademarks.<ref name="Booty" /> As for the ugg name, Smith stated: "We always called them uggs, long before it was trademarked."<ref name="29 Feb 2004"> '']'' 29 February 2004</ref> | |||
] | |||
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 ] (or EVA){{citation needed|date = April 2011}} 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.<ref name="USA today" /> This property allows Ugg boots to keep feet warm in cold weather and cool in hot weather.<ref name="UggLove" /> 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 ].<ref name="Plant2003-02-22" /> 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.<ref name="Plant2003-02-22" /> | |||
Shoe manufacturer Hide & Feet in ], 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.<ref name=CSC>{{cite web|title=Our History|url=http://www.celticandco.com/about-us/|publisher=Celtic Sheepskin Co.|access-date=20 January 2015}}</ref> | |||
Some variations of ugg style boots have also been made from kangaroo fur and leather.<ref name="KangarooTippedUggBoots" /> There are also synthetic boots. Although derided as "fake" by some in the industry,<ref name="FakeUggBoots" /> their lower price made them appealing to large retail chains such as ].<ref name="Needham2004-02-22" /> | |||
By 1994, UGG boots had grown in status among surfers in California with 80% of sales in southern ] where Ugg Holdings saw an increase in sales of 60 percent on the previous season. Smith's UGG boots gained international exposure when they were worn by the ] in ] for the ].<ref name="Foster">Foster, Caryl ''Footwear News'' ] 14 February 1994</ref> Australian manufacturers also saw an increase in exports of sheepskin boots to the United States, although Ugg Holdings retained an estimated 80% market share. By the end of the year, Country Leather had opened its own shop in ] to promote an expansion of the brand from its established surf market into mainstream footwear sales and Ugg Holdings began sourcing UGG boots directly from Jackson's Tannery, which had changed its name to ].<ref name="McAllister" /><ref name="Jackson">Cronin, Emily '']'' 30 January 2011</ref> In early 1995, Smith promoted the UGG AUSTRALIA brand on the ] show, which spurred sales while the brand gained further exposure when the ] started wearing them. According to retailers, it was not just the footwear that attracted consumers, but the "made in Australia" ] as the boots were a unique product only available from Australia and Australian products were at that time very popular.<ref name="McAllister">McAllister, Robert ''Footwear News'' ] 6 February 1995</ref><ref name="Foster" /> In August 1995, Smith sold Ugg Holdings to ] for $14.6 million.<ref name="WSJ" /><ref name="DeckersFindsFootingWithUggs" /><ref name="DeckersCompletesAcquisitionOfUgg" /> In 1996 Deckers registered the various trademarks for "UGG" in the U.S.<ref name="Hynes"> Hynes Lawyers 11 February 2011</ref><ref name="AUTOREF5" /> | |||
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.<ref>{{Cite web |url=http://www.nbcchicago.com/news/health/Are-UGGs-Bad-for-You.html |title=Are UGGs Bad for You? |first=Kathie |last=McDermott |date=22 February 2009 |publisher=NBC Chicago |accessdate=18 March 2011}}</ref> | |||
Australian ugg boots are not considered fashionable in their countries of origin and are worn for warmth and comfort.<ref name="WSJ" /> Ugg boots in Australia are worn predominantly as ]s and associated with ] fashion sense, ] behaviour and the ] when worn in public.<ref name="katz">{{cite news |url=http://www.theage.com.au/news/danny-katz/the-uggly-side-of-life/2006/09/27/1159337216912.html |title=The uggly side of life |publisher=] |date=27 September 2006}}</ref><ref> ''The Age'' 23 June 2011</ref><ref> Madrigal Communications 27 October 2011</ref><ref> '']'' 5 September 2009</ref> According to Australian fashion stylist Justin Craig: "The only people who get away with wearing them are models, who give out the message: 'I'm so beautiful, I can look good in any crap.{{'"}}<ref name="29 Feb 2004" /> The Deckers UGG brand emerged as a fashion trend in the US through Deckers' actions to promote it as a high fashion brand.<ref name=PJS>{{cite web|last1=Davis|first1=Jim|title=Ugg kicking it in the U.S.|url=http://www.pjstar.com/article/20111227/News/312279892|work=]|date=27 December 2011|access-date=17 June 2014}}</ref><ref name="huffington" /> Deckers solicited endorsements from celebrities such as ], ],<ref name="29 Feb 2004" /><ref>Brown, Suzanne S. (21 December 2003) . '']'', p. 7B.</ref> ], ] and ],<ref>"Aus weichem Wildleder mit Butter". '''', 3 November 2012. Accessed 26 March 2013.</ref> and product placements in television series such as ''],'' and films such as '']''.<ref name="WSJ" /><ref>Silverstein, Barry. {{Webarchive|url=https://web.archive.org/web/20121009004515/http://www.brandchannel.com/features_profile.asp?pr_id=365 |date=9 October 2012 }}, 10 December 2007. Accessed 26 March 2013.</ref> This marketing campaign "led to an exponential growth in the brand's popularity and recognizability."<ref name="Koolaburra" /> The company reported US$689 million in UGG sales in 2008,<ref name="DeckersFindsFootingWithUggs" /> almost a 50-fold increase from 1995.<ref name="DeckersCompletesAcquisitionOfUgg" /> Deckers aggressively pursues sales of ugg boots by Australian traders overseas.<ref>"", BBC News, 17 October 2017</ref><ref>"", ''Sydney Morning Herald'', 3 May 2017</ref> In 2010, worldwide sales of ugg boots by Australian manufacturers combined equalled only 5.9% of Deckers "UGG"-branded sheepskin boots sales,<ref name="PJS" /> with UGG dominating the world market.<ref name="huffington">{{cite web|last1=Bhasin|first1=Kim|title=Why Ugg Boots Will Never Go Away |url=http://www.huffingtonpost.com/2014/03/03/ugg-boots_n_4875392.html|work=]|date=3 March 2014|access-date=30 June 2014}}</ref> | |||
==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.<ref name="UggHowAMinnow" /> Outside Australia and New Zealand, ] (''written in capital letters'') is a registered ] of ].<ref name="Koolaburra" /> | |||
== Design == | |||
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".<ref name="Hynes" > Hynes Lawyers February 11, 2011</ref> 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.<ref name="UggLove" /> 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.<ref name="Hynes" /><ref name="AUTOREF5" /> | |||
] | |||
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 ] (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<ref name="USA today" /> and allowing the boots to keep feet warm in cold weather and cool in hot weather.<ref name="UggLove" /> Produced by a number of manufacturers, they come in a variety of colours, including black, pink, blue, chestnut, and fuchsia.<ref name="Plant2003-02-22" /> 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.<ref name="Plant2003-02-22" /> | |||
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 ].<ref name="Needham2004-02-22" /> | |||
In 1999, Deckers began asserting its new trademark and sent out ] letters to Australian manufacturers.<ref name="UggHowAMinnow" /> 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.<ref name="UggHowAMinnow" /> Australian and USA based manufacturers began selling uggs over the Internet, and Deckers' law firm Middletons of ] began a serious effort to halt the Australian companies' sales.<ref name="UggHowAMinnow" /> 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 ] or from using the word in ]s.<ref name="AUTOREF6" /> | |||
=== Animal rights === | |||
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, ] ], appealed to Australian trademark regulators.<ref name="UggHowAMinnow" /> 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.<ref name="Hynes" /><ref name="UggHowAMinnow" /> | |||
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%.<ref> Shepherd's Flock</ref> | |||
As one of many clothing products made from animal ], sheepskin boots have been the subject of criticism by the ], and producers have responded by improving animal welfare.<ref name="UggFAQ" /> Animal rights groups call for the boycott of sheepskin boots and their replacement with synthetic alternatives.<ref name="Peta2015" /> In 2007, ], realizing that the boots were made of skin, called for a boycott on her website.<ref name="AUTOREF7" /> In February 2008, the Princeton Animal Welfare Society staged a campus protest against the fur industry, particularly attacking the sheepskin boot industry.<ref name="AUTOREF8" /> | |||
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. <ref name="terry2008p188" /> The 2006 ruling only applies in Australia, and Deckers still owns the trademarks in all other jurisdictions, including the US, ], ] and the ].<ref name="UggHowAMinnow" /> 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.<ref name="Hynes" /> | |||
In 2024, UGG announced their first vegan boots in a collaboration with designer Collina Strada. The footwear materials are made using sugarcane, Tencel and recycled polyester microfibre.<ref>Simone Preuss, "Ugg x Collina Strada: first vegan Ugg boots," , 16 September, 2024.</ref> | |||
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.<ref name="Koolaburra"/> 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.<ref name="Koolaburra"/> Deckers also petitioned the ] to change the definition of "ugg" from "a kind of soft sheepskin boot" to a definition that included UGG’s trademark.<ref name="WSJ"> ] September 9, 2010</ref> | |||
== Trademark disputes == | |||
===Recent Australian cases=== | |||
{{Main|Ugg boots trademark dispute}} | |||
In 2010, ] 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.<!-- case to be heard late 2011, update which decision is made: http://frankehyland.blogspot.com/2011/02/ugg-little-word-that-brings-big-trade.html --><ref>{{citation | last = Windsor | first = Alison | title = Decision of a Delegate of the Registrar of Trade Marks with Reasons | publisher = IP Australia | date = September 29, 2010 | url = http://www.ipaustralia.gov.au/pdfs/trademarks/hearings/1013798-2010.pdf | accessdate = November 13, 2010 }}</ref><ref> ] February 28, 2011</ref> | |||
The trademarking of the UGG name has been the subject of dispute in several countries. ] has won disputes in the United States,<ref name="Koolaburra" /> the Netherlands,<ref name="Dutch">{{Cite web| title = Verdict: Case number / Docket number: 74950 / HA ZA 08-2234 | publisher = Court Dordrecht | date = 24 December 2008 |language = nl| url=http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=ljn&ljn=BG8866&u_ljn=BG8866}}</ref> and Turkey.<ref name="Turkish"> {{webarchive|url=https://web.archive.org/web/20120331154408/http://www.walkermorris.co.uk/content.aspx?id=1771 |date=31 March 2012 }} "Legal Briefing from the Trade Marks and Designs Group, 3 October 2011."</ref> In Australia and New Zealand, ugg is a generic term. The trademark for "Ugh-Boots" has been removed from the trademark registry for non-use.<ref name="UggHowAMinnow" /> Outside Australia and New Zealand, ] (''written in capital letters'') is a registered ] of ].<ref name="Koolaburra" /> | |||
The first trademark application for UGG in the United States was filed by Brian Smith's company in 1984.<ref>{{cite web| url=http://www.uspto.gov | title=U.S. Serial No. 73492075| date=27 June 1984|publisher=USPTO|access-date=22 September 2015}}</ref> In the 1990s, Smith and then Deckers secured additional registrations in the U.S. and other countries.<ref name="Hynes" /><ref name="AUTOREF5" /> In 1999, Deckers began asserting its new trademark and sent out ] letters to Australian manufacturers that were selling sheepskin boots outside of Australia via the internet.<ref name="UggHowAMinnow" /> By the early 2000s, demand for UGG boots was soaring with Australian and U.S.-based manufacturers selling sheepskin boots over the Internet. There was confusion among consumers between generic ugg boots made in Australia and Deckers' UGG brand boots. Deckers' law firm Middletons of ] began a serious effort to halt the Australian companies' sales<ref name="UggHowAMinnow" /> by sending cease and desist letters to a number of Australian and U.S.-based manufacturers, preventing them from selling sheepskin boots using the UGG trademark on ] or from using the word in their registered business names or ]s.<ref name="Needham2004-02-22" /><ref name="AUTOREF6" /> Deckers initiated numerous domain name actions under the ].<ref>{{cite web| url=http://www.adrforum.com/domaindecisions/216873.htm| title=UGG Holdings, Inc. and Deckers Outdoor Corporation v. Paul Barclay d/b/a Australian Made Goods| publisher=National Arbitration Forum|access-date=22 September 2015}}</ref><ref>{{cite web| url=http://www.nominet.uk/disputes/resolving-domain-disputes/previous-cases-0?searchText=deckers&x=0&y=0| title=Previous cases| publisher=Nominet| access-date=22 September 2015}}</ref> | |||
===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.<ref>{{Cite web |url=http://www.shoefaironline.com.au/blog/The-battle-of-the-uggs |title=The battle of the uggs |work=Shoe Fair Online |date=25 January 2011 |accessdate=7 September 2011}}</ref> On 25 August 2011 the case was dismissed with prejudice by stipulation of the parties but the terms of the settlement were not disclosed.<ref>{{Cite web |url=http://www.law360.com/ip/articles/267597 |title=Deckers, Emu Resolve Ugg Trademark Suit |work=Law360.com |date=26 August 2011 |accessdate=7 September 2011 |first=Megan |last=Leonhardt}}</ref><ref>{{Cite web |url=http://www.just-style.com/news/emu-and-deckers-reach-settlement-over-ugg-name_id112044.aspx |title=Emu and Deckers reach settlement over Ugg name |work=Just-Style.com |date=26 August 2011 |accessdate=7 September 2011}}</ref> | |||
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, ] ], who had been manufacturing ugg boots since 1978 and selling them online since 1996, appealed to Australian trademark regulators.<ref name="UggHowAMinnow" /> 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 BOOT/S within Australia.<ref name="UggHowAMinnow" /> Deckers retained the trademark rights to their UGG logo in Australia as trademark protection only applies to the way the mark appears in its entirety and not the words it contains. IP Australia also ruled that the trademark "UGH-boots" (with hyphen) should be removed from the trademark register for non-use as Deckers had only been using the UGG logo, not the UGH marks.<ref name="UggHowAMinnow" /><ref name="Hynes" /> This 2006 ruling applies only in Australia and Deckers still owns the trademarks in other jurisdictions such as the US, ], ] and the ].<ref name="UggHowAMinnow" /> | |||
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.<ref>Lara Pearson Rimon Law Group February 16, 2011</ref> | |||
== See also == | |||
===Counterfeiting in the Netherlands=== | |||
* ] | |||
During a ] and ] case, a generic term defense was rejected by a ] court.<ref name="Dutch" /> 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.<ref name="Dutch"/> 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 ], based on the opinion of one or more companies in Australia.<ref name="Dutch"/> | |||
===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.<ref name="Turkish"> "Legal Briefing from the Trade Marks and Designs Group, 3 October 2011."</ref> 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.<ref name="Turkish"/> Deckers was also awarded costs in the action. | |||
==Concern for animals== | |||
Being one of many clothing products made from animal ], the production of ugg boots has been the subject of criticism by the ].<ref name="Whygo" /> 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.<!-- no citation needed as two examples follow --> | |||
In 2007, ], 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."<ref name="AUTOREF7" /> 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?' "<ref name="AUTOREF8" /> | |||
==See also== | |||
* ] | |||
* ] | |||
* ] | * ] | ||
* ] | |||
==References== | == References == | ||
{{reflist|refs= | {{reflist|refs= | ||
<ref name="AUTOREF">{{Cite web |url=http://magazine.wsj.com/features/behind-the-brand/the-golden-fleece/tab/print |date=9 September 2010 |title=The Golden Fleece |first=Lucas |last=Conley |work=Wall Street Journal |accessdate=1 November 2010}}</ref> | |||
<ref name="terry2008p188">{{Cite journal| title = Where's the Beef? Why Burger King Is Hungry Jack's in Australia and Other Complications in Building a Global Franchise Brand | last1 = Terry | first1 = Andrew | last2 = Forrest | first2 = Heather | journal = Northwestern Journal of International Law and Business, 2008 | volume = 28 | issue = 2 | page = 188 | issn = 0196-3228 | year = 2008 }}</ref> | <ref name="terry2008p188">{{Cite journal| title = Where's the Beef? Why Burger King Is Hungry Jack's in Australia and Other Complications in Building a Global Franchise Brand | last1 = Terry | first1 = Andrew | last2 = Forrest | first2 = Heather | journal = Northwestern Journal of International Law and Business, 2008 | volume = 28 | issue = 2 | page = 188 | issn = 0196-3228 | year = 2008 }}</ref> | ||
<ref name="CCE2004-03-09">{{Cite news| date = 9 March 2004 | title = What's in a name? | work = Central Coast Express |
<ref name="CCE2004-03-09">{{Cite news| date = 9 March 2004 | title = What's in a name? | work = Central Coast Express | location = Sydney, Australia | page = 20 }}</ref> | ||
<ref name="Gee2004-01-23">{{Cite news| |
<ref name="Gee2004-01-23">{{Cite news| last1 = Gee | first1 = Steve | date = 23 January 2004 | title = Uggly Americans — The Yanks steal another one of our beaut ideas | work = ] | location = Sydney, Australia | page = 7 }}</ref> | ||
<ref name=" |
<!--<ref name="Higgins2001">{{Cite journal| last = Higgins | first = Pamm | year = October 2001 | title = Booty Call | journal = ] | volume = 46 | issue = 10 | page = 75 | issn = 1522-9149 }} "We always called them Uggs," Smith says, "long before it was a trademarked brand."</ref> --> | ||
<ref name="Hansard">] ] 17 February 2004</ref> | |||
<ref name="Higgins2001">{{Cite journal| last = Higgins | first = Pamm | year = October 2001 | title = Booty Call | journal = ] | volume = 46 | issue = 10 | page = 75 | issn = 1522-9149 }} "We always called them Uggs," Smith says, "long before it was a trademarked brand."</ref> | |||
<ref name="Marks2006-01-19">{{Cite news| last1 = Marks | first1 = Kathy | date = 19 January 2006 | title = These boots are made for litigation |work=] | location = ], New Zealand | page = 33 | url = http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10364327 | access-date =18 November 2009 }}</ref> | |||
<ref name="Hansard">] transcript ] ] February 17, 2004</ref> | |||
<ref name="Burgess2008-07-12pA17">{{Cite news| last1 = Burgess | first1 = Dave | date = 12 July 2008 | title = An ugg boot is an ug boot is an ugh boot | work = ] | location = ], New Zealand | page = A17 }}</ref> | |||
<ref name="AUTOREF1"> ]</ref> | |||
<ref name="Marks2004-02- |
<ref name="Marks2004-02-17">{{Cite news| last1 = Marks | first1 = Kathy | date = 17 February 2004 | title = There's no business like shoe business |work=] | location = London, United Kingdom | url = https://www.independent.co.uk/news/world/australasia/theres-no-business-like-shoe-business-69515.html | access-date =17 November 2009 }}</ref> | ||
<ref name=" |
<ref name="Koolaburra">{{cite web | date = 23 February 2005 | title = United States District Court UGG Holdings, Inc. -v- Clifford Severen et al | work = ] | url =http://www.deckers.com/ugg-is-a-brand/LegalDecisions/Koolaburra_decision.pdf | access-date = 12 February 2013 }}</ref> | ||
<ref name="DeckersFindsFootingWithUggs">{{Cite web| title = Deckers finds its footing with Uggs | url = https://money.cnn.com/2009/08/18/pf/deckers_uggs_boots.fortune/index.htm | work = ] | last1 = Abkowitz | first1 = Alyssa | date = 19 August 2009 | access-date =25 August 2010 }}</ref> | |||
<ref name="Burgess2008-07-12pA17">{{Cite news| last = Burgess | first = Dave | date = 12 July 2008 | title = An ugg boot is an ug boot is an ugh boot | work = ] | location = ], ] | page = A17 }}</ref> | |||
<ref name="DeckersCompletesAcquisitionOfUgg">{{Cite web| title = Deckers Outdoor completes acquisition of UGG Holdings (Press release) | url = http://www.allbusiness.com/company-activities-management/company-structures-ownership/7137716-1.html | work = ] | access-date =25 August 2010 }}</ref> | |||
<ref name="Marks2004-02-17">{{Cite news| last = Marks | first = Kathy | date = 17 February 2004 | title = There's no business like shoe business | work = ] | location = ], ] | url = http://www.independent.co.uk/news/world/australasia/theres-no-business-like-shoe-business-570211.html | accessdate = 17 November 2009 }}</ref> | |||
<ref name=" |
<ref name="USA today">{{Cite news| date = 10 December 2003 | title = UGG boots a fashion kick | url = https://www.usatoday.com/money/industries/retail/2003-12-10-ugg_x.htm | first1 = Lorrie | last1 = Grant |work=] | access-date =17 November 2009 }}</ref> | ||
<ref name=" |
<ref name="Plant2003-02-22">{{Cite news| last1 = Plant | first1 = Simon | date = 22 February 2007 | title = Shake your booty |work=] | location = Melbourne, Australia | page = W22 }}</ref> | ||
<ref name="Needham2004-02-22">{{Cite news| last1 = Needham | first1 = Kirsty | date = 13 March 2004 | title = Putting the boot in |work=The Sydney Morning Herald | location = Sydney, Australia | page = 33 | url = http://www.smh.com.au/articles/2004/03/12/1078594562069.html | access-date =17 November 2009 }}</ref> | |||
<ref name="AUTOREF2">{{Cite news|last=Smith|first=Julia Llewellyn|title=From Ugg to uglier|url=http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/1455657/From-Ugg-to-uglier.html|accessdate=27 August 2010|newspaper=Telegraph.co.uk|date=29 February 2004}}</ref> | |||
<ref name="UggLove">{{Cite news|url=https://www.latimes.com/archives/la-xpm-2009-dec-20-la-ig-ugg20-2009dec20-story.html |title=It looks like Ugg love |work=Los Angeles Times |date=20 December 2009 |author=Julie Neigher |access-date=19 June 2010}}</ref> | |||
<ref name="Koolaburra">{{Citation | last = Walter | first = John F. | title = UGG Holdings, Inc. -v- Clifford Severen et al | publisher = United States District Court | date = February 25, 2003}}</ref> | |||
<ref name="UggHowAMinnow">{{Cite news|url=https://www.independent.co.uk/news/world/australasia/ugg-how-a-minnow-put-the-boot-into-a-fashion-giant-523444.html |archive-url=https://web.archive.org/web/20080605024141/http://www.independent.co.uk/news/world/australasia/ugg-how-a-minnow-put-the-boot-into-a-fashion-giant-523444.html |url-status=dead |archive-date=5 June 2008 |title=Ugg: How a minnow put the boot into a fashion giant |work=The Independent |date=18 January 2006 |author=Marks, Kathy |access-date=26 August 2010}}</ref> | |||
<ref name="DeckersFindsFootingWithUggs">{{Cite web| title = Deckers finds its footing with Uggs | url = http://money.cnn.com/2009/08/18/pf/deckers_uggs_boots.fortune/index.htm | work = ] | last = Abkowitz | first = Alyssa | date = August 19, 2009 | accessdate = August 25, 2010 }}</ref> | |||
<ref name="AUTOREF5">Fink, Karl V.; Johnson, Carolyn M.; Miranda, David P. (5 February 2004), , National Arbitration Forum. Retrieved 25 August 2010</ref> | |||
<ref name="DeckersCompletesAcquisitionOfUgg">{{Cite web| title = Deckers Outdoor completes acquisition of UGG Holdings (Press release) | url = http://www.allbusiness.com/company-activities-management/company-structures-ownership/7137716-1.html | work = ] | accessdate = August 25, 2010 }}</ref> | |||
<ref name=" |
<ref name="AUTOREF6">{{Cite news|last1=Arnold|first1=James|title=Aussie boot battle takes an Uggly turn|url=http://news.bbc.co.uk/2/hi/business/3495511.stm|access-date=23 August 2010|newspaper=]|date=19 February 2004}}</ref> | ||
<ref name="Peta2015"> PETA 2015</ref> | |||
<ref name="Plant2003-02-22">{{Cite news| last = Plant | first = Simon | date = 22 February 2007 | title = Shake your booty | work = ] | location = ], ] | page = W22 }}</ref> | |||
<ref name="UggFAQ">{{Cite web|url=https://www.uggaustralia.eu/animal-welfare-faq.html |title=Animal Welfare FAQ |publisher=UGG Australia |access-date=4 February 2016}}</ref> | |||
<ref name="KangarooTippedUggBoots">{{Cite web| title = Kangaroo Tipped Ugg Boots | publisher = Eagle Wools | url=http://www.eaglewools.com.au/ugg-boots/boots/kangaroo-tipped-ugg-boots/ | accessdate = 05 January 2010 }}</ref> | |||
<ref name="AUTOREF7">{{Cite news|url=https://www.foxnews.com/story/pamela-anderson-learns-ugg-boots-made-from-sheepskin-speaks-out-against-them |title=Pamela Anderson Learns Ugg Boots Made From Sheepskin, Speaks Out Against Them |publisher=] |date=28 February 2007 |access-date=14 May 2010}}</ref> | |||
<ref name="FakeUggBoots">{{Cite web| title = Fake Ugg Boots | publisher = Australian Sheepskin Association Inc | url = http://www.australiansheepskinassociation.com.au/ | accessdate = 17 November 2009 }}</ref> | |||
<ref name="Needham2004-02-22">{{Cite news| last = Needham | first = Kirsty | date = 13 March 2004 | title = Putting the boot in | work = ] | location = ], ] | page = 33 | url = http://www.smh.com.au/articles/2004/03/12/1078594562069.html | accessdate = 17 November 2009 }}</ref> | |||
<ref name="UggLove">{{Cite news|url=http://articles.latimes.com/2009/dec/20/image/la-ig-ugg20-2009dec20 |title=It looks like Ugg love |work=] |date=20 December 2009 |author=Julie Neigher |accessdate=19 June 2010}}</ref> | |||
<ref name="UggHowAMinnow">{{Cite news|url=http://www.independent.co.uk/news/world/australasia/ugg-how-a-minnow-put-the-boot-into-a-fashion-giant-523444.html |title=Ugg: How a minnow put the boot into a fashion giant |work=] |date=18 January 2006 |author=Marks, Kathy |accessdate=26 August 2010}}</ref> | |||
<ref name="AUTOREF5">Fink, Karl V.; Johnson, Carolyn M.; Miranda, David P. (February 5, 2004), , National Arbitration Forum, retrieved August 25, 2010</ref> | |||
<ref name="AUTOREF6">{{Cite news|last=Arnold|first=James|title=Aussie boot battle takes an Uggly turn|url=http://news.bbc.co.uk/2/hi/business/3495511.stm|accessdate=23 August 2010|newspaper=BBC News Online|date=19 February 2004}}</ref> | |||
<ref name="Dutch">{{Citation | title = | publisher = Court Dordrecht | date = December 24, 2008 |language = ]}}</ref> | |||
<ref name="Whygo"> Whygo Australia August 5, 2010</ref> | |||
<ref name="AUTOREF7">{{Cite news|url=http://www.foxnews.com/story/0,2933,255145,00.html |title=Pamela Anderson Learns Ugg Boots Made From Sheepskin, Speaks Out Against Them |publisher=Fox News |date=28 February 2007 |accessdate=14 May 2010}}</ref> | |||
<ref name="AUTOREF8">"{{Cite web|url=http://www.dailyprincetonian.com/2008/02/25/20237/ |title=PAWS takes aim at Ugg boots |work=Daily Princetonian |date=25 February 2008}}</ref>|2}} | <ref name="AUTOREF8">"{{Cite web|url=http://www.dailyprincetonian.com/2008/02/25/20237/ |title=PAWS takes aim at Ugg boots |work=Daily Princetonian |date=25 February 2008}}</ref>|2}} | ||
==External links== | == External links == | ||
{{Commons category|Ugg boots}} | {{Commons category|Ugg boots}} | ||
<!--========================({{No More Links}})============================ | <!--========================({{No More Links}})============================ | ||
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| and link back to that category using the {{dmoz}} template. | | | and link back to that category using the {{dmoz}} template. | | ||
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* Documentary film on the trademark dispute: {{Cite |
* Documentary film on the trademark dispute: {{Cite AV media |title=The Good, The Bad, and The Ugg boot |url=http://www.babelgum.com/114094/the-good-the-bad-and-the-ugg-boot.html |author=Produced and directed by Susan Lambert, Jumping Dog Productions |work=Australian Broadcasting Corporation |date=14 September 2006|ref=none}} | ||
* "" |
* "" – campaign against the trademark | ||
* |
* U.S. Patent and Trademark Office: "" | ||
* World Intellectual Property Office: "" | * World Intellectual Property Office: " | ||
* A of Deckers Outdoor Corporation trademarks containing the word UGG, registered in over 100 countries. | * A of Deckers Outdoor Corporation trademarks containing the word UGG, registered in over 100 countries. | ||
{{Footwear}} | |||
{{DEFAULTSORT:Ugg Boots}} | {{DEFAULTSORT:Ugg Boots}} | ||
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Latest revision as of 20:22, 30 September 2024
Type of sheepskin boot from Australia For the particular brand, see UGG (brand).
Ugg boots are a unisex style of sheepskin boot originating in Australia. The boots are typically made of twin-faced sheepskin with fleece on the inside, a tanned outer surface and a synthetic sole. The term "ugg boots" originated in Australia, initially for utilitarian footwear worn for warmth, and which were often worn by surfers during the 1960s. In the 1970s, the boots were introduced to the surf culture of the United Kingdom and the United States. Sheepskin boots became a fashion trend in the U.S. in the late 1990s and a worldwide trend in the mid-2000s. In Australia, they are worn predominantly as slippers and often associated with daggy fashion sense and bogan culture.
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. Outside Australia and New Zealand, UGG is a brand manufactured by the California-based Deckers Outdoor Corporation, with most of its manufacturing based in China and with registered trademarks in over 130 countries worldwide including the US, UK, Canada, all European Union members, and China. Despite the difference in capitalisation and pronunciation (e.g., yew-gee-gee in China), Deckers Corporation actively asserts its "UGG" trade mark against Australian traders who sell their "ugg boots" overseas.
Noteworthy manufacturers in Australia and New Zealand are EMU Australia, Uggs-N-Rugs and Ugg Australia. While Deckers is often referred to as the leading manufacturer of the footwear style outside Australia, Deckers refers to its boots as the "UGG-brand" boot, and associates it with a "California lifestyle". Following an investigation by the Australian Competition & Consumer Commission into allegedly misleading and deceptive use of "Australia" in its branding, Deckers has rebranded from "UGG Australia" to "UGG".
History
There are different claims to the origins of the ugg boot style. Artisanal sheepskin boots were known in rural Australia during the 1920s, 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. Frank Mortel of Mortels Sheepskin Factory has stated that he began manufacturing the boots in the late 1950s. Surfer Shane Stedman of Australia has stated in interviews that he invented the ugg boot. Perth sheepskin boot manufacturers Bruce and Bronwyn McDougall of Uggs-N-Rugs have manufactured the boots since the late 1970s.
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. 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." 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.
The 1970s saw the emergence of advertising using the UGG and UGH terms both in trade names and as a generic term in Australia. 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. (After Stedman complained to the editors of Macquarie, subsequent editions indicated that "UGH" was a trade mark.)
In the 1970s, ugg boots became popular among competitive surfers. Sheepskin footwear accounts for around 10 percent of footwear production in Australia.
International sales
Surfing helped popularise the boots outside Australia and New Zealand. Advertisements for Australian sheepskin boots first appeared in Californian surf magazines in 1970. By the mid-1970s, several surf shops in Santa Cruz, California and the San Fernando Valley were selling a limited number of boots purchased by the shops' owners while visiting surfing events in Australia. In 1978, a Western Australian manufacturer of sheepskin boots, Country Leather, advertised outside Australia for distributors to sell its sheepskin boots, which were made from sheepskin sourced from Jackson's Tannery in Geelong, Victoria. Seeing the popularity of the boots among American surfers, Australian surfer Brian Smith, then living in Santa Monica, California, and colleague Doug Jensen bought boots from Country Leather but were unhappy with the brand and decided to register UGG as their own trademark. Family friends invested $20,000 into the new venture and the group set up Ugg Imports. Due to other business commitments, in 1979 Jensen handed over his share of the company to Smith. In 1987 Smith registered Ugg Holdings Inc. and in 1985 registered a U.S. trademark on a ram's head logo with the words "Original UGG Boot UGG Australia." In 1995, Ugg Holdings purchased Stedman's various trademarks. As for the ugg name, Smith stated: "We always called them uggs, long before it was trademarked."
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.
By 1994, UGG boots had grown in status among surfers in California with 80% of sales in southern Orange County where Ugg Holdings saw an increase in sales of 60 percent on the previous season. Smith's UGG boots gained international exposure when they were worn by the United States Olympic team in Lillehammer for the 1994 Winter Olympics. Australian manufacturers also saw an increase in exports of sheepskin boots to the United States, although Ugg Holdings retained an estimated 80% market share. By the end of the year, Country Leather had opened its own shop in Redondo Beach to promote an expansion of the brand from its established surf market into mainstream footwear sales and Ugg Holdings began sourcing UGG boots directly from Jackson's Tannery, which had changed its name to EMU Australia. In early 1995, Smith promoted the UGG AUSTRALIA brand on the Rush Limbaugh show, which spurred sales while the brand gained further exposure when the San Diego Chargers started wearing them. According to retailers, it was not just the footwear that attracted consumers, but the "made in Australia" tie-in as the boots were a unique product only available from Australia and Australian products were at that time very popular. In August 1995, Smith sold Ugg Holdings to Deckers Outdoor Corporation for $14.6 million. In 1996 Deckers registered the various trademarks for "UGG" in the U.S.
Australian ugg boots are not considered fashionable in their countries of origin and are worn for warmth and comfort. Ugg boots in Australia are worn predominantly as slippers and associated with daggy fashion sense, bogan behaviour and the outer suburbs when worn in public. According to Australian fashion stylist Justin Craig: "The only people who get away with wearing them are models, who give out the message: 'I'm so beautiful, I can look good in any crap.'" The Deckers UGG brand emerged as a fashion trend in the US through Deckers' actions to promote it as a high fashion brand. Deckers solicited endorsements from celebrities such as Kate Hudson, Sarah Jessica Parker, Cameron Diaz, Leonardo DiCaprio and Jennifer Lopez, and product placements in television series such as Sex and the City, and films such as Raising Helen. This marketing campaign "led to an exponential growth in the brand's popularity and recognizability." The company reported US$689 million in UGG sales in 2008, almost a 50-fold increase from 1995. Deckers aggressively pursues sales of ugg boots by Australian traders overseas. In 2010, worldwide sales of ugg boots by Australian manufacturers combined equalled only 5.9% of Deckers "UGG"-branded sheepskin boots sales, with UGG dominating the world market.
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 and allowing the boots to keep feet warm in cold weather and cool in hot weather. Produced by a number of manufacturers, they come in a variety of colours, including black, pink, blue, chestnut, and fuchsia. 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.
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.
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%.
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. Animal rights groups call for the boycott of sheepskin boots and their replacement with synthetic alternatives. In 2007, Pamela Anderson, realizing that the boots were made of skin, called for a boycott on her website. In February 2008, the Princeton Animal Welfare Society staged a campus protest against the fur industry, particularly attacking the sheepskin boot industry.
In 2024, UGG announced their first vegan boots in a collaboration with designer Collina Strada. The footwear materials are made using sugarcane, Tencel and recycled polyester microfibre.
Trademark disputes
Main article: Ugg boots trademark disputeThe trademarking of the UGG name has been the subject of dispute in several countries. Deckers Outdoor Corporation has won disputes in the United States, the Netherlands, and Turkey. In Australia and New Zealand, ugg is a generic term. The trademark for "Ugh-Boots" has been removed from the trademark registry for non-use. Outside Australia and New Zealand, UGG (written in capital letters) is a registered trademark of Deckers Outdoor Corporation.
The first trademark application for UGG in the United States was filed by Brian Smith's company in 1984. In the 1990s, Smith and then Deckers secured additional registrations in the U.S. and other countries. In 1999, Deckers began asserting its new trademark and sent out cease and desist letters to Australian manufacturers that were selling sheepskin boots outside of Australia via the internet. By the early 2000s, demand for UGG boots was soaring with Australian and U.S.-based manufacturers selling sheepskin boots over the Internet. There was confusion among consumers between generic ugg boots made in Australia and Deckers' UGG brand boots. Deckers' law firm Middletons of Melbourne began a serious effort to halt the Australian companies' sales by sending cease and desist letters to a number of Australian and U.S.-based manufacturers, preventing them from selling sheepskin boots using the UGG trademark on eBay or from using the word in their registered business names or domain names. Deckers initiated numerous domain name actions under the UDRP.
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, Perth's Uggs-N-Rugs, who had been manufacturing ugg boots since 1978 and selling them online since 1996, appealed to Australian trademark regulators. 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 BOOT/S within Australia. Deckers retained the trademark rights to their UGG logo in Australia as trademark protection only applies to the way the mark appears in its entirety and not the words it contains. IP Australia also ruled that the trademark "UGH-boots" (with hyphen) should be removed from the trademark register for non-use as Deckers had only been using the UGG logo, not the UGH marks. This 2006 ruling applies only in Australia and Deckers still owns the trademarks in other jurisdictions such as the US, China, Japan and the European Union.
See also
References
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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.