Who Owns Genuine Ugg/UGG® Boots in the Global Footwear Marketplace?

Matthews, Rachel ORCID: https://orcid.org/0000-0003-3561-6166 (2018) Who Owns Genuine Ugg/UGG® Boots in the Global Footwear Marketplace? In: Bloomsbury Fashion Business Cases. Bloomsbury. ISBN 9781350994942

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Abstract

There is an ongoing legal dispute surrounding the use of “ugg,” “Ugg,” and “UGG®,” all terms used to describe a form of flat-soled slip-on sheepskin boot. The case raises a number of points of contention concerning intellectual property (IP) in the global fashion marketplace. This case study uses published material to examine differing applications of the term “ugg”/“UGG®” and the issues this raises around IP protection.Ugg boots have their origins in Australia, produced as a by-product of the wool industry in the early part of the twentieth century, before being adopted by surfers and subsequently becoming fashionable footwear. As such, there is a geographic divide in opinions about whether Ugg boots are a generic product category (like other footwear categories such as ballet flats or desert boots) or whether UGG® boots are a product defined by their branding.Two views on intellectual assets and their protection in relation to Ugg boots are examined in this case study, the first from the perspective of the Australian manufacturers of sheepskin boots and then from the owners of “UGG® Australia.” The case study highlights how, despite the Australian heritage of this footwear, using the term “ugg” to market these products has become problematic and legally contestable for Australian footwear manufacturers. The study provides a brief overview of the development of Ugg boots and the “UGG® Australia” footwear line. It discusses concepts of IP through branding, trademarking of terms, and cultural appropriation.