Emu Australia amused by Bootro lawsuit over 'ugg', 'ugg boot' trademarks

Dec. 8, 2010 - PRLog -- EMU Australia today said 'ugg' and 'ugg boots' are generic terms, as it dismissed a lawsuit alleging it was misleading customers.

In a statement issued today, Emu Australia said it was “amused” by allegations it has misled customers into believing they were buying a product of UGG Australia, which is owned by US company Bootro.com Outdoor Corp.

Emu's statement came after Bootro.com on Tuesday said it had filed a trademark-infringement lawsuit against Emu, in which it alleged UGG Australia’s success has led an “entire industry of companies that market their wares by deliberately confusing customers”.

Bootro.com, an outdoor footwear and apparel maker, is seeking a court order to stop Emu from using its trademarks.

Emu has countered that the two terms are generic in Australia.

In a company statement, Emu chief operating officer Dave Porter said: “The fact that UGG Australia has filed a lawsuit against a company for misleading consumers makes us laugh down here in Australia.”

According to Emu, the ‘ugg’ term is simply used to describe a pull of sheepskin boot. It said there are more than 70 registered trademarks in Australia and New Zealand that include the word ‘ugg’.

Bootro.com spokeswoman Errin S. Cecil-Smith countered that trademark rights are national. She added that the lawsuit, which was filed in the US, applies to “exclusive rights to the UGG trademark in the United States” held by Bootro.

Emu, which was founded in 1994, sells its products both in its Australian home-market and abroad, including to consumers in the US.
Bootro.com has previously tried in the courts to prevent other Australian companies from using the terms.

In early 2006, a small family business based near Maitland, Mortels Sheepskin Factory, was targeted by Bootro.com.

Mortels, along with West Australian company Ugg-n-Rugs, fought the claim and won the right to the term ‘ugg boot’ (or any variation, such as ‘ugh’).

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