By  on August 24, 2011

The sheepskin boot war is officially over.

Deckers Outdoor Corp., the owner of Ugg Australia, settled its lawsuit against Emu Australia Inc. and Emu (Aus.) Pty Ltd. Tuesday.

The terms of the settlement were not disclosed.

Filed in the Los Angeles federal court in December, the suit alleged that Emu had intentionally misled consumers into believing they were buying genuine Ugg boots by referring to its footwear as “ugg boots” on its U.S. Web site.

The plaintiff sought treble damages and any gains, profits and advantages derived by Emu in the matter, as well as costs and attorney fees.

Central to the lawsuit was the word “ugg,” which according to Emu, is a generic word in Australia. As proof, Emu pointed to more than 70 registered trademarks in Australia and New Zealand which used the term.

Deckers has a history of defending Ugg’s trademark and has spent millions of dollars advertising and promoting the brand. The company asked the court to put a stop to Emu’s use of both “Ugg” and “ugg.” It also wanted the defendant to recall and/or destroy any infringing products.

Weeks later, Emu shot back with counterclaims, alleging that the word “ugg” has “no significance or relevant trade or industry.” Because of that, and the fact that the plaintiff made “knowingly false material representations in submission to the United States Patent and Trademark Office,” Emu said it was Ugg’s mark that should be cancelled.

As part of Tuesday’s settlement, those claims were dismissed. Both parties also agreed to bear its own costs, expenses and attorney fees.

To continue reading this article...

To Read the Full Article
SUBSCRIBE NOW

Tap into our Global Network

Of Industry Leaders and Designers

load comments
blog comments powered by Disqus