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The battle for the UGG’s design

The battle for the UGG’s design

UGG Australia is a worldwide success. In order to protect the shape of the boot, the American producer registers a design in the European Union in 2008. Typical elements of the boots include its quilted seams, the fold-over and the wool sticking out from the sides of the shoes.

Intermedium designs, produces and exports shoes in all of Europe. When she introduces a comparable shoe a legal conflict soon followed. The sheep skin boot has existed for several decades and is therefore not eligible for design protection. Intermedium claims that her shoe is sufficiently different from other shoes, and the similar seams have a mechanical function.

This argument does not seem to hold up in court, because seams can be placed anywhere on a shoe. In Intermedium’s boot the seams, as well as the fold-over and the wool elements are in exactly the same place. This makes the overall impression the same as the UGG boot. The consequence: cessation of all sales, transfer of profits to UGG and payment of UGG legal costs (ca. 20,000 euro).

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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