Following a similar lawsuit against Bearpaw last month, Deckers Outdoor filed a infringement suit in the U.S. District Court in the Central District of California against Emu Australia, Inc., seeking a court order to stop Emu from copying its trademarks.

 

The suit particularly cites Emu's practice of identifying products as “ugg boots” on its U.S. website.


Deckers said it has been selling Ugg products since purchasing the company in 1995 when sales of the brand were $17 million. Sales are expected to exceed $800 million in 2010.


In a statement, Deckers Chairman and CEO Angel Martinez said Ugg's success has “created an entire industry of companies that market their wares by deliberately confusing customers.”  Martinez adds, “Deckers is taking an active stand against those companies that infringe on our trademarks, like Emu, and companies that copy our designs, like Bearpaw, as well as countless websites selling counterfeit product, because our success is built on the trust between Ugg Australia and its retail customers and consumers. That bond is our most important asset.”


In response, Emu Australia's chief operating officer Dave Porter dismissed the lawsuit, claiming the 'ugg' and 'ugg boots' are generic terms and simply used to describe a pull of sheepskin boot. He indicated that there are more than 70 registered trademarks in Australia and New Zealand that include the word ‘ugg.’ Said Porter, “The fact that UGG Australia has filed a lawsuit against a company for misleading consumers makes us laugh down here in Australia.”


Deckers spokeswoman Erin Cecil-Smith countered by stating that the trademark rights are national. She said the lawsuit, which was only filed in the US, applies to “exclusive rights to the UGG trademark in the United States” held by Deckers.