Wanna sell a new Aussie drink called “Coca-Cola”?

Maybe taxpayers can help…

The multi-year battle over the ugg trademark began in 2016, when Deckers sued Mr [Eddie] Oygur and his company for selling a dozen ugg boots into the US.

In 2019, a Chicago jury found Mr Oygur and Australian Leather had infringed Deckers’ trademark.

Mr Oygur said he was facing the collapse of his business, owing $US450,000 ($572,629) in damages and millions in legal fees.

His lawyers, including former senator Nick Xenophon, were hopeful following last week’s hearing in the US Court of Appeals for the Federal Circuit in Washington DC.

However, today they said they were “gobsmacked” after the appeal was rejected with no reasons given.

“I have no choice but to take this all the way to the US Supreme Court,” Mr Oygur said, calling for government support for his fight.

“It has cost thousands of Australian jobs because ugg boots should be made here rather than overseas, which is where Deckers makes them.”

 
Mr Oygur has turned a lazy attempt to make a quid on 12 pairs of boots into a multi-million dollar disaster. Now he wants the government to finance another seven (more likely, eight) figure bet. He missed his true calling as a submarine impresario.

This entry was posted in Fake News, property rights, Rule of law. Bookmark the permalink.

40 Responses to Wanna sell a new Aussie drink called “Coca-Cola”?

  1. mh says:

    His lawyers, including former senator Nick Xenophon … 🚨🚨🚨

  2. Chris M says:

    However, today they said they were “gobsmacked” after the appeal was rejected with no reasons given.

    Yes, just like the US Supreme Court when presented with election illegality – nah mate, not our problem. It’s functionally equivalent to a 3rd world Kleptocracy now. They should have used the lawyers fees to grease some Democrat palms.

  3. Bruce of Newcastle says:

    a Chicago jury

    Says everything you ever need to know.
    The US is parochial and arrogant when it comes to business.
    And Chicago especially ain’t a precinct where an Aussie can expect fair treatment.

  4. Davey Boy says:

    It’s justice, it’s law, it’s the vibe
    And ah, no that’s it, it’s the vibe.
    I rest my case.

    It’s easy to imagine Nick Xylophone saying these words, he even looks just like Dennis Denuto.

  5. The Beer whisperer says:

    So, you’re saying that Australians appealing to Americans about Australian jingoism doesn’t work?

    No sympathy with anyone who puts their money on any Australian politician, let alone Nick Xenophon.

  6. C.L. says:

    It’s a bit more than the vibe, Davey.
    Deckers owns the name according to law. End of story.

  7. Tim Neilson says:

    It’s functionally equivalent to a 3rd world Kleptocracy now.

    The US is parochial and arrogant when it comes to business.

    As I understand it, Deckers bought their US rights to the mark from Australians who had registered it in the US, and Deckers have been successful in defending the mark against other US companies.
    So I’m not going to leap on a jingoistic bandwagon just because an Australian defendant got treated the same as US defendants have been.

    It is a problem of course because with internet sales it may be difficult for a business not to sell into a market where there’s a prior registration, and I think the long standing US law on “foreign” words is outdated.
    But if Oygur has only ever sold 12 pairs into the US, the impending collapse of his business has nothing to do with being blocked from the US market.

  8. FlyingPigs says:

    $US450,000… tell him and Nick I’ve got a bridge for sale.

    I’d call sheepskin boots “Polar Bear Pads” to keep your feet from freezing and get the ‘MyPillow’ bloke to sell them in America.

    You can hear the head explosions every step you take.

    That will be $US5million thanks Mr Oygur.

    Make the cheque payable to C.L.

  9. Rabbi Putin says:

    I thought Nick Xenophon would’ve been able to convince the court that it was the vibe of the thing.

  10. FlyingPigs says:

    Or how about Sheep Skin Coats can become Koala Skin Coats – only harvested when Green Warmongers Burn The Bush so guaranteed to keep you warming – for ever.

    That’s another US$5million you owe C.L, Mr Oygur.

  11. FlyingPigs says:

    I would be doubtful that there is a place in Australia where you could buy Australian made, as in treated in Australia, sheepskins.

  12. Albatross says:

    Bring back ostracism.

  13. Dot says:

    As I understand it, Deckers bought their US rights to the mark from Australians who had registered it in the US, and Deckers have been successful in defending the mark against other US companies.

    Really?

    Deckers really are the true owners of the brand.

    Oygur and Xylofoam can go fund themselves.

  14. Dot says:

    Bring back ostracism

    This guy gets it.

  15. Rex Anger says:

    Oygur and Xylofoam can go fund themselves.

    Heheh…

    This statement works in every single conceivable way you can interpret it.

    Well done, Dot. 🙂

  16. billie says:

    fair treatment? they got fair treatment

    what they wanted was unfair treatment

    they violated the Ugg boot owner’s trade rights in the USA, they deserve to lose

    they are losing big, because they bet big, they should have walked when sprung in the first place – the website should not have alloweed sales outside Australia

    arrogant pricks

  17. mh says:

    …calling for government support for his fight.

    “It has cost thousands of Australian jobs because ugg boots should be made here rather than overseas…

    He thinks that is going to concern an Australian government?

    🤡🤡🤡

  18. Gorilla Dance Party says:

    Oygur? Xenophon?

    Don’t sound Australian and I don’t care.

  19. H B Bear says:

    The Xylophone should stick to being a slumlord.

  20. H B Bear says:

    The country needs a thriving ugg boot sector, it’s getting cold. I’m looking for a new pair right now. Maybe Eagle Wools, a WA manufacturer. I’ll give this clown a miss.

  21. Up The Workers! says:

    To Albatross at 10.30 pm:

    Sounds more like ’emucism’ than ‘ostracism’, to me!

  22. Hanseatickid says:

    Ugg boots, the height of fashion in boganvilles like Little Rock Arkinsas, Chicago, Werribee, Campbelltown and Mount Druit.
    Give up mate, send Deckers an Ugg boot as compensation.
    Protecting trademarks is serious stuff and I know from personal experience. The Dutch coffee giant tried to ban our use of the words “La Piazza Cafe” on the grounds that it infringed their brand name Piazza D’Oro. My response was “…good luck with that legal try-on ..”.
    Once I disclosed to them that I was a Patent and Trademarks specialist, they “generously agreed to disagree” and left the matter there. Cost to my company: 3 hours of my time and half a dozen flat whites.

  23. Chris M says:

    As I understand it, Deckers bought their US rights…

    Maybe, or maybe not. Point is a court case is to settle these questions. By not having a court case the two principle arguments remain unsettled.

  24. mareeS says:

    CC Amatil bought out our private Bluetongue Brewery via that person Singo, and shut it down in favour of other brands. We have a bit of a hate with Coke, reasonably.

  25. Tel says:

    But if Oygur has only ever sold 12 pairs into the US, the impending collapse of his business has nothing to do with being blocked from the US market.

    He isn’t blocked from the US market, he just needs to open a local subsidiary and come up with a different brand name.

    If the other guy has got it registered then the only winning strategy would be to prove the word has already become generic … but in that case don’t bother fighting it out, use some other generic name like “Sheepskin Boots” and save on the lawyers.

  26. Tintarella di Luna says:

    OMG – so Mr Oygur chose Nick Xenophon, who told him he was the greatest lawyer since John Coke and all he got was a personal injuries lawyer, damn shame that.

  27. H B Bear says:

    Xylophone as your lawyer? Ah yes, I think I can see your problem.
    https://m.youtube.com/watch?v=jpcEietIoxk

  28. m0nty says:

    Wanna sell a new Aussie drink called “Coca-Cola”?

    It’s more like CCA suing someone for selling a drink as “cola”. Or so this bloke argues. IP law is murky and often favours those with the deepest pockets. I am not sure there is a principle at stake here other than corporate power.

  29. Baysidegal says:

    He can sell them legally in Australia under UGG…be happy with that.

  30. Bruce says:

    They could always play on linguistic / dialect twists:

    “Aarrghh” boots? For Polar Pirates?

    “Argus” boots; with a little woolly “mullet” at the top of the rear seam? The Argus Tuft.

  31. Primer says:

    As easily predicted, Eddie got better free legal advice from me than Nick Xenophon.
    But Nick will be sure to do a refund on the legals due to bad advice and a conscience.

  32. Andre Lewis says:

    So Xenophon was a very ordinary politician and we now find not much of a lawyer either.

  33. H B Bear says:

    Don’t give up your day job mUnty.

  34. Jock says:

    Seriously? Xenophon left the senate for cases like this? I don’t like the fact that decker owns the trademark but facts are facts. This is simply an attempt to overcome a property right.

    I can imagine nicks best case will be Willie stealing his classmates lunch but claiming that it was his because he said so.

  35. Primer says:

    Eddie’s a bit of a marketing dunce.
    Rename the product Original Australian Warm Boots…genuine Australian Merino…cast the US stuff as knock offs.
    SCOTUS is a waste of time Ed.

  36. Speedbox says:

    Tim Neilson says:
    May 10, 2021 at 9:32 pm

    As I understand it, Deckers bought their US rights to the mark from Australians who had registered it in the US, and Deckers have been successful in defending the mark against other US companies.

    Correct. Mr Oygur sold 12 pairs of uggs into the US (from Australia) and unfortunately for him, one of the buyers was an investigating agent acting on behalf of Deckers.

    They issued a cease and desist notice and asked for some damages, which could have been negotiated if common-sense prevailed.

    Instead, Oygur doubled down and took Deckers to court argued that ugg is a generic name and that Deckers trademark in the US is unenforceable (ie. worthless). Deckers obviously disagree and to date, so do the courts.

    There are some big implications to this if Oygur was/is successful but I doubt he could ever get traction in the US court system. If he has hung his business out on this issue then I have little sympathy. It was a fool’s errand.

  37. Morsie says:

    I suspect the “generic” argument might run in Australia but not the US. However there are many brands which we think are a descriptive name but are actually trademarks such as “Esky” and “Windcheater”.
    Seems he got crappy legal advice.

  38. Professor Fred Lenin says:

    He could have done better picking a lawyer, he coukd have got Turnbull ,he was a big time barrister . Before he lost the unloseable case for Kerry Packer by being a smartass with the judge ,not a wise thing to do .

  39. Mike Ryan says:

    Supreme court?
    Don’t waste your time.
    Maybe a better approach would be to develop a competing brand and market it globally under a trademark you own.
    If in doubt, let the rule of law be your guide.

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