Fake UGGs lead to jail

In a recent case, the Federal Court has demonstrated that people who continue to breach intellectual property rights in the face of Court orders can face serious punishment, including imprisonment.

Despite numerous Court orders and undertakings between 2003 and 2007, three individuals continued to make and distribute unlicensed “UGG” branded footwear.

One individual, the “controller” of the commercial operation, was found guilty of 10 charges of contempt and sentenced to three years imprisonment. Another, a female family member with a four year old child, was also found guilty of numerous charges of contempt and sentenced to six months imprisonment with the final four to be suspended. Finally, a worker within the factory that produced the counterfeit footwear, was found guilty on six charges of contempt and ordered to serve one month of imprisonment. All three were required to pay the applicant’s costs on an indemnity basis.

This case demonstrates the serious way in which the Court will regard contemptuous conduct which flouts its authority.

For advice on trade mark enforcement, please contact Certus Legal Group.

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