Deckers
Massive implications for global footwear giant if appeal, due to be heard in the US on 5 May – succeeds
MEDIA RELEASE
UGGBOOT BATTLE: UGGBOOT DAVID V GOLIATH BATTLE: AUSSIE BATTLER TAKES ON MULTIBILLION DOLLAR US CORPORATION OVER THE UGG TRADEMARK
- Massive implications for global footwear giant if appeal, due to be heard in the US on 5 May – succeeds.
In a classic David v Goliath battle, the United States of Appeals for the Federal Circuit is due to hear an appeal on 5 May 2021 (US time, on 6 May Australian time) in Washington DC, over the validity of Deckers Outdoor Corporation’s US (UGG) Trademark.
The appeal is a combination of a five (5) year legal saga involving Australian UGG bootmaker, Eddie Oygur and his small business, Australian Leather Pty Ltd (‘AL’), who were both sued in 2016 by Deckers – a US $9 billion multi-national – over AL and Mr Oygur selling 13 pairs of UGG boots in the US (4 of those pairs of UGG boots were bought by agents of Deckers – a total value of some $2,000.00).
Deckers, known for aggressively protecting their ‘UGG Trademark’ which forms the linchpin of their global business, sued AL and Mr Oygur personally, initially seeking to seize the Australian stock in UGG boots and to freeze all their bank accounts.
Unlike tens of other UGG boot makers who have been sued by Deckers around the world, Mr Oygur and AL fought back, obtaining deposition and expert evidence from around the world that the term ‘UGG’ – a particular style of sheepskin boot – originated in Australia in the 1960’s and was a generic term not only in Australia and New Zealand but throughout the US from the late 1960’s when Australian UGG boots were exported there (UGG being short for Ugly given the original look of the boots – which became a cult classic by surfers worldwide before finding a broader audience).
Mr Oygur has spent his entire life savings and the company, all its assets of over $1,000,000.00 in fighting the case in the United States Courts.
Deposition evidence was obtained from a Trademark expert that questioned the validity of the ‘UGG’ Trademark – the very Trademark that is the foundation of the Deckers empire.
In a Trademark law anomaly Deckers could not obtain the UGG Trademark in Australia and New Zealand, because of its widespread recognition as a generic term.
A Federal Court trial in May 2019 in Chicago found Mr Oygur and AL had breached the Deckers Trademark and fined him US$450,000.00 for intellectual property breaches as well as ordering US$2 million in attorney fees against him (in addition to his own fees).
AL and Mr Oygur have now appealed on three (3) key grounds, including the validity of the ‘UGG’ Trademark owned by Deckers. If Mr Oygur and AL succeed on any of its three (3) appeal grounds, Deckers’ Trademark “UGG” will be deregistered, and in all likelihood, the value of the global footwear giant will collapse.
Mr Oygur, based in Sydney Australia, also faces personal bankruptcy and the liquidation of the company he has built up over 30 years. Despite that he is defiant:
‘I am doing this not just for myself, but for every UGG boot maker in Australia. The word UGG is Australian. It should be owned by Australia. UGG is Australian in the same way champagne is French and Fetta is Greek’
If we bring the UGG name back to Australia it will mean thousands of local manufacturing jobs and a global export market worth billions of dollars.
‘I refuse to be bullied by Deckers’
Despite appeals to the Australian Government from his Australian lawyers, including an appeal to former Attorney-General, Christian Porter, for assistance in the case, Mr Oygur and AL had been rebuffed by successive Australian Governments, including the Turnbull and Morrison Governments – despite the national economic interest in having the right to make UGG boots for global markets.
Eddie’s Australian Legal Team comprises of former Australian Senator, Nick Xenophon and former ACCC Director, Michael Terceiro, who are hopeful that the appeal will succeed in the US Appeals Court next month.
This Program is in Production and will Air on ABC Australian TV soon.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Federal Circuit of Appeal Documentation.
FC-APP 030 – Corrected Appeal brief (1)
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You can see in this video that Ted Cruz mentions all the Organization’s that have contributed funds to BLM
Go to 1 minute 35 seconds to see Ted Cruz mention Deckers and their financial contribution.
https://www.youtube.com/watch?v=z_t1qthyTOg&t=103s
Deckers have shut down nearly all Ugg Boot Manufacturers globally, their tactics are unbelievably aggressive. Eddie from Australian Leather PTY LTD has been fighting Deckers for many years now. There was a court case in Chicago where the Judge ruled in favor of Deckers, Eddie has launched an appeal against this decision, based on whether the Trade Mark is Valid given the word Ugg is in fact a generic word and not Trade Mark able.
The appeal is in regards to the validity of their Trade Mark for the Word “UGG” Ugg Boots have been known as Ugg Boots since 1960 and now it is Trademarked? It is clear a mistake was made during the examination process for accepting the word “UGG” as a Trade Mark.
Quote from Wikipedia,
” Smith set up Ugg Holdings Inc. and in 1985 registered a US trademark on a rams head logo with the words “Original UGG Boot UGG Australia” Read More
Questions to consider, Imagine a company owning a Trade Mark for the word “Pen” and enforcing their Trade Mark rights that would stop anyone using the word “PEN”, they would be the only company in the World who could call it a PEN
What would you call it and how would you advertise it?
How would you describe it to customers?
This is the situation with the word “UGG” Ugg Boots originated in Australia, surfers would wrap there feet in sheepskin to warm them up after having their feet in the water for long periods, the surfers would use a thread to stitch the sheepskin together around their feet. This was the birth of the Ugg Boot. The word Ugg was short for Ugly as these were home made and not a commercial production. So the term Ugg Boots was born from their Ugly appearance.
The Ugg Boots gained popularity among surfers and soon boot manufacturers start making these boots with soles, they called them Ugg Boots, Manufacturing of the Ugg Boots started around 1960 and has been called Ugg Boots since that time. This is the common or generic name for this style of footwear. To do a direct comparison lets take a look at this scenario, you manage to Trade Mark the word “jogger” or “sneaker” this would mean that no one could use those words in advertising, you would have an absolute monopoly on the “Jogger” or “Sneaker” Market.
Crazy as this sounds, that is exactly what happened to the word “UGG” No one can call them Ugg Boots anymore except for Deckers. There are only 2 exceptions in the World, Australia and New Zealand where they will not allow a generic term like “UGG” to be Trade Marked.
We need to let these Globalists know that we are not going to take this anymore.
The big consideration here is Deckers are not sharing this information about the Federal Circuit of Appeals with their investors, if the investors find out this they will start to sell their shares asap. we can contribute by spreading the truth about this Appeal and let their investors know.
Deckers places Media Blackouts on all the previous cases to stop their investors from hearing the truth.
We need to stop buying their products, UGG, Koolaburra, Sanuk, Teva https://www.deckers.com/brands
No Mention of a pending Appeal which could result in them losing their Biggest Trade Mark “UGG” on their press release page. If they lose the Appeal it will be the down fall of their empire, or if their investors were to know about the risks they are facing there could be a panic sell. https://ir.deckers.com/news-events/press-releases/
Actions to take, spread the word, Share this Page, email Deckers asking them is there any risk with the Trade Mark UGG, show them the PDF from the court, message their management on Linked In, Copy and Post this article to as many Forums as you can.
Bring this into the Light.
This could be the first Globalist to Fall,
We The People Are In Control
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Article by David Simmons
