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UGG Australia


Deckers Outdoor Corp. 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 50 countries around the world.  In order to protect consumers from counterfeits and infringing products, UGG Australia uses eBay’s VERO policy to protect its intellectual property on eBay. 

 

This page is provided to educate eBay users about auctions that violate eBay’s VERO policies.  You may be reading this because your auction 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 50 countries, including the U.S.A., Canada, European Community, Japan, Korea, Germany, U.K., and others.  It violates eBay policy (and is illegal) 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 eBay policy, and may be liable for copyright infringement.

UGG Australia strictly controls the design, manufacture, distribution and advertising of its products to ensure the highest level of quality.  UGG® products are sold through a network of select retailers and licensees, and UGG Australia does not authorize any of its dealers to sell on eBay. 

There are a significant number of counterfeit and/or infringing UGG® items listed on eBay.  Sale of these items violates eBay policy, and also 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?
  • "UGG", “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 offered for sale on eBay, it is a good indication that the item is infringing and/or a counterfeit. We recommend that a buyer should always request an affirmative guarantee of authenticity from a seller. 

Frequently Asked Questions (FAQ)

Q: Why was my auction ended?

A: Most likely, your auction was removed because it violated eBay’s VERO policy .  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. Given the nature of eBay, 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 auction.  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 procedures to notify eBay of auction listings containing unauthorized uses of UGG Australia’s copyrights and trademarks, or of auction listings reasonably believed to offer counterfeit merchandise. eBay, in turn, will take necessary action to comply with its user policies, which include removing the auction.

 

 Q: Why did eBay allow me to post my auction if it violates their VERO policy?

 

A: eBay’s policy is that it is not practical to conduct a comprehensive pre-screen of their auctions. Therefore, certain impermissible items are allowed to be listed, and are only detected and removed after the listing.

Q: I obtained an image of UGG Australia merchandise from the UGG website (or catalog) and pasted the image onto my eBay auction.  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 auction listing more appealing?

A: Unfortunately, this is not permissible.  Use of these logos wrongfully implies that your auction 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 auction violated eBay policy does not matter.  You have a responsibility to ensure that your actions do not violate someone else’s intellectual property rights. Before commencing an eBay auction, you should take affirmative steps to ensure this.

Q: Why was my auction singled out when there are other auctions on eBay that may infringe UGG Australia’s intellectual property rights?

A: UGG Australia works diligently to ensure that as many auctions as possible are removed that violate eBay policy.  Given the high volume of merchandise for sale on eBay, however, it is at times difficult to identify and remove all such auctions.  

Q: Why didn't UGG Australia contact me directly before reporting my auction to eBay?

A: eBay’s VERO policy does not call for contacting individual sellers, and it is not practical to contact each and every seller given the volume of eBay auctions.

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.  Auctions 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 auctions as possible.   

Q: What if I decide to re-post an auction once it has been ended? UGG Australia will never know...

A: If you decide to re-post an infringing article once eBay has ended a first auction for it, be warned that you are likely to subject yourself to civil and/or criminal liability, as well as temporary/permanent suspension from eBay privileges.

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" and similar disclaimers, is not permitted under eBay policy. 

Q: Why can't I use the word "UGG" in my auction heading 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 auction 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.  UGG Australia is aware of very convincing looking counterfeits that have been sold on eBay.  They may include authentic looking packaging.  Here are some tips to detect counterfeits:

· Genuine UGG® goods do not ship to consumers from China or Hong Kong (although genuine UGG brand goods are made in China).  Be very suspicious of any UGG® goods offered from China or Hong Kong. 

· Genuine UGG® goods should not be available to consumers outside of Australia from locations within Australia.  Be very suspicious of any UGG brand goods offered internationally from Australia. 

· 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. 

· UGG Australia does not authorize any of its dealers to sell on eBay.  An eBay UGG Australia dealer that is advertising as being an “authorized” dealer, or indicates that its UGG® goods “are direct from the factory” is not telling the truth.   

· 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


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 AboutMe 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 auction number - without this information a meaningful response is not possible.  

 

 



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