From UGG to (UGH)“Since 1974”: The Price of Trademarking Too Late
A recent trademark battle forced the longstanding Australian footwear brand, Ugg Since 1974, to rebrand, underscoring a critical lesson for fashion startups: trademark early and trademark often.
Ugg Since 1974 had been operating in Australia since its inception in 1974. However, because “ugg,” or “ugh,” is a generic term for sheepskin boots in Australia, it was ineligible for trademark protection. Like other Australian ugg manufacturers, the company had been selling internationally for decades without securing trademark rights to the name “ugg”, believing it described a product rather than a brand.
Enter Brian Smith, an Australian accounting student at UCLA. Smith spotted a gap in California’s surf market and brought $500 worth of Australian sheepskin boots to the U.S., where the product was still unfamiliar. In 1984, he trademarked UGG in the U.S., turning a once generic product into the major brand we know today.
In 1995, Smith sold UGG to Deckers Outdoor Corporation, the parent company of Teva and Hoka, for $14.6 million. Under Deckers, UGG transformed from niche surf gear into a global fashion staple.
Despite selling internationally, Ugg Since 1974, didn’t seek trademark protection for its name in any foreign markets, which proved to be a costly mistake. In 2024, Deckers sued the family-owned brand for using “Ugg” outside of Australia and New Zealand. Lacking the resources to fight, Ugg Since 1974 has rebranded to “Since 1974” in all markets beyond Australia and New Zealand as of January 2025.
This five-decade saga serves as a cautionary tale: if you don’t secure your trademark, someone else will. As your fashion brand grows, protecting your name in every key market is crucial.
How Fashion Brands Can Avoid the Same Fate
Ugg Since 1974’s mistake was treating “ugg” as a generic term rather than a brand. They failed to anticipate how the word operated beyond Australia and didn’t secure protection in the markets where they sold their boots. Here’s how to make sure your brand doesn’t face the same fate:
Trademark early, trademark often. Securing protection at the outset prevents others from capitalizing on your name. If your brand name isn’t eligible for trademark protection now, revisit it later as distinctiveness can be acquired over time.
File in key international markets. If you’re selling or plan to sell internationally, secure trademarks in those regions before expansion, if the country allows, or as soon as the mark is in use. Waiting until your brand is established can backfire.
Monitor brand confusion. Deckers had grounds to sue in part because consumers were confused. Google searches showed customers frequently wondering whether Ugg Since 1974 and UGG were connected (spoiler: they weren’t). If people are mixing up your brand with another, it’s a sign to strengthen your legal protections.
Expand strategically. As your business grows, reevaluate your trademark protection strategy. New product lines, logos, slogans, and even distinctive design elements (like signature stitching or packaging) may be eligible for protection.
Building a Trademark Protection Strategy
For fashion brands, trademarking isn’t a one-time event—it’s an ongoing process. A strong IP strategy ensures that as your business grows, your brand name remains yours.
File early—even before launch. Trademark applications can be filed on an “Intent-to-Use” basis, securing rights before you officially start selling. This prevents others from beating you to the name while you finalize branding and product development.
Think beyond the name. Brand protection isn’t just about trademarking your company name and logo, though these are obvious candidates. Slogans, product lines, signature designs, and even distinctive packaging may also be eligible for trademark protection.
Take cues from established brands. For example, Madewell protects not only its name and logo but also specific product lines and taglines, ensuring every piece of its brand identity is legally safeguarded.
Ultimately, a brand that fails to protect its intellectual property leaves itself vulnerable to competitors, lawsuits, and forced rebrands. Investing in trademark protection from the start is the key to longevity, stability, and brand equity in the fashion industry.
