IPSOLVED Logo Pos Col
+61 2 8267 7300
IPSOLVED Logo Pos Col
  • Home Home
  • News News
  • Why IP Why IP
    • Trade Mark FAQs
    • Patent FAQs
    • Resources
  • Our Services Our Services
    • Patents
      • Patentability Advice
      • Patent Drafting, Filing & Prosecution
      • Patent Searches
      • Prior Art Searching and Analysis
      • Freedom To Operate Searching and Analysis
      • Competitive Intelligence
      • Patent Oppositions
      • Patent Renewals
      • Patent Litigation & Dispute Resolution
    • Trade Marks
      • Trade Mark Registration
      • Trade Mark Searching and Clearance
      • Trade Mark Intelligence & Monitoring
      • Trade Mark Opposition & Non-Use Proceedings
      • Protection of Certification Marks
      • Trade Mark Renewals
      • Trade Mark Portfolio Management
      • Domain and Business Names
    • Designs
      • Design Registrability Advice
      • Design Application, Filing & Registration
      • Design Infringement & Enforcement
      • Design Searches
      • Design Renewals
    • Legal
      • Copyright
      • IP Assignments
      • IP Licences
      • Website Legals
      • IT Agreements
      • Commercial Agreements
      • IP Disputes
      • Privacy Law
    • Plant Breeder Rights
      • Plant Variety Protection Advice
      • Plant Breeder Rights Application, Filing, Examination & Registration
      • Plant Breeder Rights Searches and Advice
      • Plant Breeder Rights Renewals
    • Strategy
      • IP Management & Audit
      • IP Due Diligence & Valuation
      • Commercialisation
  • About Us About Us
    • Our Approach
    • Our People
  • Regional IP Regional IP
  • Contact Contact
  • Call Us +61 2 8267 7300 Call Us +61 2 8267 7300

Is UGG Since 1974™ the same as UGG®? – Cultural heritage versus international IP laws

17 January 2025

17 January 2025

 

Background and Dispute

UGG Since 1974, a long-standing Australian business known for crafting sheepskin boots, is embroiled in a legal battle with Deckers Outdoor Corporation, a U.S.-based company. Deckers owns the trademark for “UGG” in over 130 countries, including the United States. The dispute revolves around whether UGG Since 1974’s use of the term “UGG” in global markets violates Deckers’ intellectual property rights.

While “UGG” is considered a generic term for sheepskin boots in Australia – (there are over 240 co-existing Australian registrations covering footwear), Deckers has trademarked it internationally, arguing that its exclusive use prevents consumer confusion and protects the brand’s reputation. UGG Since 1974, however, asserts that they have been making authentic, handcrafted Australian ugg boots long before Deckers registered the trademark, emphasizing the term’s heritage significance in Australia.

Rebranding to “Since 74”

Considering the legal challenges, UGG Since 1974 has opted to rebrand itself as “Since 74” for markets outside Australia and New Zealand. This move allows the company to comply with Deckers’ trademark while continuing to market their products abroad. Within Australia and New Zealand, the term “UGG” remains generic, and UGG Since 1974 retains the right to use the name domestically.

Implications and Broader Context

This case highlights the broader tension between Australian ugg boot makers and Deckers over the term’s use. Many Australian businesses argue that “UGG” represents a generic and traditional term for sheepskin boots, whereas Deckers has turned it into a lucrative global brand. This trademark conflict raises questions about the balance between preserving cultural heritage and adhering to international intellectual property laws.

The outcome of this dispute may significantly impact other Australian manufacturers looking to expand globally while using the term “UGG.” It also underscores the challenges small, heritage-based businesses face in navigating complex trademark regulations across jurisdictions.

 

17 January 2025
All news
RECENT POSTS

  • Safeguard Your Brand at China’s Borders: Why You Need to Register Your Trade Mark with China Customs

    07 May 2025
  • Celebrating Australian Manufacturing Week 2025: Innovation, Industry, and the Power of IP

    07 May 2025
  • Protecting Your IP When Exporting: A Practical Guide for Australian Businesses

    01 May 2025

 info@ipsolved.com

 +61 2 8267 7300

Stay Connected

Head Office: Level 7, 185 O’Riordan Street Mascot, NSW 2020

Sydney CBD Office: Level 17, 9 Castlereagh Street, Sydney, NSW 2000 (By appointment only)   

Wollongong Office: 1 Burelli Street, Wollongong, NSW 2500 (By appointment only)

Perth CBD Office: Levels 29 & 30, 221 St Georges Terrace, Perth, WA 6000 (By appointment only)

European Office: Principe de Vergara 17, 3 izda, MADRID, 28001, SPAIN (+34 662 421 564 : By appointment only)

  • Privacy Policy Privacy Policy
  • Disclaimer Disclaimer
  • Terms of Use Terms of Use

© IP Solved 2025 All rights reserved.

Our site is powered by Easy Brew, a product created by Code Brewery®.