EMU puts the boot in battle

 

GEELONG: Weeks after being slapped with a trade mark infringement lawsuit by Deckers Outdoor, EMU Australia has returned fire by launching a counter suit against the US-based company.

The suit lodged with the US District Court in the Central District of California concerns one of Deckers' six footwear brands, UGG Australia. EMU has alleged Deckers' generic 'ugg' trademark was obtained after a false statement to the US Trademark Office and is thus invalid.

Deckers, a publicly listed company based in California, had yet to comment on the case at the time of press.

EMU Australia lodged the counter suit in the wake of Deckers' hitting the company with a similar trade mark infringement case on December 7, 2010. 

In a statement made at that time, Deckers' chairman and CEO Angel Martinez alleged EMU Australia was “intentionally misleading consumers into believing they are buying a genuine UGG Australia product”.

“Deckers is taking an active stand against those companies that infringe on our trade marks, 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,” Martinez said.

EMU Australia owner Paul Neate countered Deckers' claims.

“Deckers have aggressively marketed their UGG Australia marks and many consumers are unaware of the fact that UGG Australia is in fact American- owned and based,” Neate said.
“There is a lot more to be told about the history of the word 'ugg', not only in Australia and Asia but also in the USA, Canada and in the UK and Europe.

"We believe in time the courts will come to hear the truth in different jurisdictions and will hand down decisions that make this history clearer for all concerned.”

Founded in 1994, EMU Australia supplies ugg boots and other sheepskin and merino wool products to over 67 countries. The company is headquartered in Geelong, Victoria, and is Australian owned.

UGG Australia was founded in 1978 by Australian Brian Smith. The brand was acquired by Deckers Outdoor in 1995, which expanded its sheepskin products across several new ranges.

Erin O'Loughlin