Ugg Australia wins infringement case

Shoe brand Ugg Australia, part of US footwear company Deckers

Outdoor Corporation, just won a copyright infringement lawsuit for its popular UGG Australia Bailey Button against Dutch shoe company Intermedium Shoes B. V.

The Hague District Court decided in favour of Ugg Australia, which means that Intermedium has to recall and destroy all knock-off products with immediate effect. In addition, Intermedium has to provide Deckers with a list of all customers who purchased the infringing product and a report detailing the numbers manufactured and supplied. The court also confirmed Deckers’ Registered Community Design for the Bailey Button throughout the European Union.

Intermedium, located at the outskirts of Amsterdam, produces shoes for international brands and retailers in China, Vietnam, India, Pakistan, Korea, Thailand and ten other Asian countries – according to its own estimates about 20 million pairs a year. As part of the services provided, Intermedium also takes care of the shoe design, samples, checks and labelling.

In case of the popular Bailey Button boots with a button on the side, Deckers had taken legal action against a German retailer selling knock-off Bailey Button products. Those were traced back to Intermedium, which had manufactured and distributed them. Intermedium then moved the court to attempt to invalidate Deckers’ Registered Community Design in the European Union.

“Intermedium’s infringement and subsequent attempt to invalidate our long-standing Registered Community Design in the European Union illustrates the breadth and depth of the issues we face as an industry, when large and established companies attempt to skirt the law,” commented Angel Martinez, president, CEO and chairman of the boards of directors at Deckers.

Ugg Australia actively combats counterfeit products through a variety of measures. Informing and protecting customers from fake products is key, which is why the brand educates consumers about the problem, tells them how to spot fakes and informs them about security measures on the original product and/or packaging. The company also publishes a list of authorised on- and offline retailers on its website and what to do after buying a fake.