Deckers Outdoor Corporation doing business as Deckers Brands is known in the trade as UGG® Australia, and owns the internationally known UGG brand for sheepskin footwear and clothing. UGG Australia is a member of the eBay VeRO Program, and owns many trademarks, trademark registrations, service marks and copyrighted materials worldwide. The UGG trademark is widely recognized as a brand, and is a registered trademark in more than 100 countries around the world. In order to protect consumers from counterfeits and infringing products, UGG Australia uses the eBay VeRO Program to protect its intellectual property on eBay.
This page is provided to educate eBay users about the intellectual property rights of UGG Australia. You may be reading this because your listing has been ended. If so, we hope that after considering this information you will better understand our actions. This page also provides tips for detecting counterfeits / infringements.
UGG Australia has the exclusive right to use its copyrighted works and trademarks, including its product photos and the UGG trademark. The UGG trademark is registered in more than 100 countries, including the U.S.A., Canada, China, European Community, Japan, Korea, Germany, U.K., and others. It violates intellectual property laws to use the UGG trademark in connection with goods not made by or under the authority of UGG Australia. Similarly, textual, photographic and audiovisual works published by UGG Australia are protected under United States and other countries’ copyright laws. Anyone who reproduces, copies, or displays UGG Australia’s copyrighted materials, including photographic images and accompanying item descriptions appearing on UGG Australia’s website (www.uggaustralia.com) or in UGG Australia’s catalogs and advertisements without permission is also in violation of the law, and may be liable for copyright infringement.
Sale of these counterfeit items is illegal. The manufacture, distribution and/or sale of counterfeit goods carry criminal penalties and civil liability in the U.S. and other countries.
Below is a partial list of key phrases (this also applies to lower case wording) to look for in the title and description of the item for sale in order to help determine authenticity:
• UGG-LIKE, UGH-LIKE, UG-LIKE
• UGG REPLICA, UGH REPLICA, UG REPLICA,
• UGG STYLE, UGH STYLE, UG STYLE
• UGG?, UGH?, UG?
• “UGH”, “UG”
• UGG COPY • UGH COPY, UG COPY
• UGG TYPE • UGH TYPE, UG TYPE
• SN-UGG-LY, SN-UGH-LY, SN-UG-LY
• UGG-LY, UGH-LY, UG-LY
• CANNOT GUARANTEE AUTHENTICITY
• AUTHENTICITY NOT WARRANTED OR IMPLIED
• NO GUARANTEES OR WARRANTIES
If you see any of the above (or similar) phrases in the title of an UGG Australia item, it is a good indication that the item is infringing and/or a counterfeit.
Frequently Asked Questions (FAQ)
Q: Why was my listing ended?
A: Most likely, your listing was removed because it may have displayed unauthorized use of UGG Australia’s trademark(s) and/or reproductions of UGG Australia’s copyrighted images, or because it offered for sale counterfeit merchandise featuring one of UGG Australia’s trademarks. Decisions regarding the authenticity of an item are based upon the photograph and the description of the goods, as well as other less tangible aspects of the listing. Because we cannot physically see a product posted over the Internet, the information at our disposal as to the counterfeit nature of the item is limited.
UGG Australia regularly monitors the Internet, including eBay, to protect its intellectual property rights. UGG Australia uses eBay’s VeRO program to notify eBay of listings containing unauthorized uses of UGG Australia’s copyrights and trademarks, or of listings reasonably believed to offer counterfeit merchandise. eBay, in turn, will take necessary action to comply with the law, which may include removing the listing.
Q: Why did eBay allow me to post my listing if it violates intellectual property laws?
A: The law dictates that an intellectual property rights owner, such as UGG Australia, is responsible for enforcing against infringements of those rights. A platform, such as eBay, is not in a position to make a determination as to whether an item infringes the intellectual property rights of a third party, such as those rights held by UGG Australia.
Q: I obtained an image of UGG Australia merchandise from the UGG website (or catalog) and pasted the image onto my eBay listing. Is this permissible?
A: No. Any unauthorized reproduction, display or distribution of UGG Australia’s copyrighted images is against the law.
Q: Can I use UGG Australia’s logo or other logos or properties owned by UGG Australia to make my listing more appealing?
A: Unfortunately, this is not permissible. Use of these logos wrongfully implies that your listing is authorized, sponsored, or approved by UGG Australia, and dilutes the value of these logos in violation of state and federal trademark laws.
Q: What if I did not realize that I was infringing UGG Australia’s intellectual property rights?
A: Unfortunately, whether or not you knew your listing violated UGG Australia’s intellectual property rights does not matter. You have a responsibility to ensure that your actions do not violate someone else’s intellectual property rights. Before listing items for sale on eBay, you should take affirmative steps to ensure this.
Q: Why was my listing singled out when there are other listings on eBay that may infringe UGG Australia’s intellectual property rights?
A: UGG Australia works diligently to ensure that as many listings as possible are removed that violate UGG Australia’s intellectual property rights. Given the high volume of merchandise for sale on eBay, however, it is at times difficult to identify and remove all such listings.
Q: Why didn't UGG Australia contact me directly before reporting my listing to eBay?
A: It is not practical to contact each and every seller given the volume of eBay listings.
Q: Why does UGG Australia care if I sell a single piece of unauthorized UGG Australia merchandise?
A: Consumers expect a high level of quality from goods marked with the UGG trademark. Listings making unauthorized use of the UGG mark or UGG Australia images risk confusing or deceiving consumers and diminishing the value of the UGG trademark. For these reasons we attempt to stop as many infringing listings as possible.
Q: What if I decide to re-post a listing once it has been ended? UGG Australia will never know...
A: If you decide to re-post an infringing listing after UGG Australia has provided notice to eBay that the listing infringes the UGG Australia’s intellectual property rights, be warned that you are likely to subject yourself to civil and/or criminal liability
Q: Can I list an item if I expressly say that it is NOT GENUINE?
A: NO! A disclaimer regarding the authenticity of goods, such as "faux", "fake", "knockoff", "UGG-like", "UGG style", "UGG?", “cannot guarantee authenticity".
Q: Why can't I use the word "UGG" in my listing title even though I am not selling an item made by UGG AUSTRALIA?
A: It is misleading and impermissible to use the word "UGG" when there is no legitimate connection between the goods sold and the use of our trademark.
Q: Can I use UGG Australia’s logo or other logos or properties owned by UGG Australia, to create homemade products of any kind, such as clothing apparel?
A: No. Only UGG Australia and its licensees may use UGG Australia trademarks and copyrighted material in connection with the manufacture, offer for sale, and/or sale of goods or services.
Q: If I purchased a genuine UGG Australia product, can I re-sell it on eBay?
A: Yes. It is legal to re-sell a genuine item that you purchased. Also, you may of course describe the item using the UGG trademark. Please note, however, that you cannot use UGG Australia’s copyrighted photographs to promote the sale of the item. You should instead use an actual photo of the goods being sold. Similarly, you cannot use UGG Australia’s logos to make your listing more appealing.
Q: How can I tell if an UGG® product offered on eBay is genuine?
A: Unfortunately, many counterfeit UGG® items are difficult to detect by the untrained eye. Here are some tips to detect counterfeits:
• “Deckers Outdoor Corporation is aware of counterfeit issues with some UGG brand goods being sold by sellers in China or Hong Kong to buyers outside of those countries. Please be careful in purchasing UGG brand goods from sellers in China or Hong Kong.”
• There are several Australian brands of sheepskin boots that can be found on eBay in the U.S.A., U.K., Europe, and Asia that are wrongly marketed using the UGG trademark. Australian brands such as “Jumbo Ugg,” “Uggs-N-Rugs,” “EMU UGG” and others are not genuine UGG Australia brand.
• Genuine UGG® goods are made of superior materials and are crafted with the best in workmanship. Defects such as sloppy stitching, un-even cut marks and misapplied labels may indicate a counterfeit. The only way you can be certain that you are purchasing a genuine UGG brand product is to purchase from our <uggaustralia.com> website or one of the specially selected high-quality retailers authorized to sell these items, such as Nordstroms. Please see our Ensure Authenticity section of uggaustralia.com website.
Deckers Outdoor Corp. Vigorously Enforces Its Intellectual Property Rights
Deckers Outdoor Corp., owner of the UGG trademark and known in the trade as UGG Australia cooperates fully with law enforcement officials to stop any counterfeiting of its brand and products. UGG Australia takes full advantage of criminal and civil legal remedies it may have to enforce its trademark rights. UGG Australia has brought lawsuits throughout the United States and the world and has obtained restraining orders and damages against those who sell infringing goods at the retail and wholesale level.
UGG Australia’s e-mail address is UGGIP@uggaustralia.com. If your e-mail requests information that is already contained in this VeRO Participant Page, unfortunately you will not receive a response. Also, due to the volume of email received, it may take us up to a few weeks to respond to your message if it addresses an issue not discussed above. In order to respond to any inquiries we will also need your seller name and the item number for the listing that was removed - without this information a meaningful response is not possible.