Deckers Outdoor Corporation Inc v Luda Production Pty Ltd [Sec=Unclassified]

Deckers Outdoor Corporation Inc (Deckers) sought interlocutory relief against Luda Production Pty Ltd (Luda) in the Federal Court of Australia. Deckers, the owner of the registered trade mark "UGG AUSTRALIA" and associated goodwill, alleged that Luda had infringed its trade mark by using the term "UGG" in relation to footwear sold in Australia. Deckers sought an injunction to restrain Luda from continuing this alleged infringement.

The primary legal issue before the Court was whether Luda's use of the term "UGG" in connection with its footwear constituted trade mark infringement under the *Trade Marks Act 1995* (Cth). Specifically, the Court had to determine if Luda's use of the mark was likely to deceive or cause confusion among consumers as to the origin of the goods, thereby infringing Deckers' registered trade mark rights.

Justice Murray considered the evidence presented by both parties regarding the use and perception of the term "UGG" in the Australian market. The Court applied the principles of trade mark law, focusing on the likelihood of confusion. Her Honour found that the evidence did not establish a sufficient likelihood of deception or confusion arising from Luda's use of the term "UGG" to warrant interlocutory relief. The Court noted that the term "UGG" had become a generic descriptor for a type of sheepskin boot in Australia, and that Luda's use of the term was descriptive rather than indicative of a specific trade source in a manner likely to infringe Deckers' mark.

Consequently, Deckers' application for an interlocutory injunction was dismissed.