Patents are a big part of establishing any company’s marketing ability. From electronics to home decor, patents protect businesses of any size from other companies using their name or image to promote their own products, which is why companies hire patent law specialists and file patent lawsuits. The number of patent lawsuits has increased to almost 3,000 per year from 500 each year just 20 years ago. Even with such increasing numbers, compared to the rest of the world, the United States ranks just ninth in patents per capita.
American outdoor clothing company, Deckers, has taken legal action against smaller, Sydney-based shoe manufacturer, Australian Leather Pty Ltd (ALPL). In the lawsuit, the American company accuses the Australian business of selling flat-soled, sheep skin boots while using the “Ugg” name and label. ALPL says Deckers is demanding all funds in their business bank accounts to be transferred to Deckers and that their Ugg boots are delivered to the United States for destruction.
On the contrary, Deckers denies this by stating that any statements which indicate that the lawsuit is directed towards the sale of the product in Australia are not true. The company released a statement in which they explained the reason behind their legal action pertains to their alleged infringement of registered trademarks and designs in the United States.
Now that the case has been made public, many people are left wondering if Uggs are truly an American or Australian brand. The more information continues to be released to the public, the more people are agreeing that the patent should indeed belong to Deckers.
Cases like this are more common for businesses than people know. With patent applications increasing as much as nine percent from 2012 to 2013, it is no wonder companies are constantly battling each other and consulting design patent law firms in Minneapolis to explain intellectual property law to them.
Before making the decision to file a lawsuit against another company, it is highly recommended that you consult a patent attorney first to get a better understanding of intellectual property law and to learn your rights. It is important to gather as much evidence to support your claims and make a strong argument for your case in court. The last thing you want to do is give the opposing side any leverage.
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