This case concerned a claim by Deckers that the respondents had infringed copyright in its logo, in a photo and in text contained in an “Information Booklet” and “Care Instruction Card” for Ugg boots.

Tracey J held that the logo was of sufficient complexity to attract copyright protection, being “plainly drawn with care, to obtain an effect” and that Deckers’ copyrights had indeed been infringed. The court further held that the respondents had breached earlier terms of settlement, and had engaged in passing-off and in misleading and deceptive conduct in breach of the Fair Trading Act 1999 (Vic) and the Trade Practices Act 1974 (Cth).

Orders made by the court included delivery up and awards of additional damages against the third and fourth respondents. Tracey J commented that, while not giving rise to flagrant damages, “this case must be adjudged as one of the worst of its kind to come before the Court”.

In addition, various restraint orders were made in relation to the use of the word “Ugg” and various similar words.

(Note that Deckers conceded that there exists a style of footwear known as “UGG boots” and that its claim was based on features that distinguished its products from the generic product and that conveyed to consumers the impression that its footwear comes from a particular branded source.)

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Deckers Outdoor Corporation Inc v Farley (No 5) [2009] FCA 1298