Ugg v Emu – trade mark dispute in the US
The battle between Ugg and Emu is hotting up in the US. Deckers (the Ugg brand owner) has commenced trade mark infringement proceedings against rival footwear brand, Emu.
Ugg owns the US trade mark UGG and alleges that Emu has used its trade mark to deliberately confuse customers, such as describing their products as “ugg boots”.
Emu has hit back by counterclaiming that the UGG trade mark is invalid as UGG is a generic term. While “ugg” may be generic in Australia, this concept may not have legs in other jurisdictions, where consumers are more likely to associate ugg with the brand rather than a style of boots.
Justify your love. The future of product endorsement on Twitter
The recent actions of the Office of Fair Trading indicate that the UK authorities intend to look at more carefully at online bloggers and tweets endorsing products. The Consumer Protection from Unfair Trading Regulations prohibit using editorial content in the media to promote products without telling the reader that payment has been made for the endorsement. It is also forbidden to mislead consumers.
High profile celebrities with substantial followings can earn huge sums for a couple of sentences raving about a product. However, it is not always clear to the reader that they are being paid by the brand.
While no clear guidance has yet been issued, the likelihood is that the UK will follow the US and bloggers will have to mark any paid endorsements so that readers can properly assess any recommendations that are being given.
Defamation by Tweet?
Later this month a defamation case against actress and singer Courtney Love will be heard in the US Courts. Love is alleged to have seriously damaged the reputation and career of a fashion designer by posting a series of tweets about her.
In principle, there is no bar to statements on Twitter being defamatory and this may lead to celebrities and online bloggers being more cautious in relation to the statements that they make as while defences are available (for example, the justification of truth and fair comment), those with significant followings may find themselves exposed to liability.
