Friends familiar with UGG know that this is a brand of snow boots. Its trademark in China is held by American company Dex, but at the same time, UGG is a popular name for snow boots in Australia, so the domestic cross-border E-commerce sellers imported snow boots from Australia and sold them under the UGG name. This practice is not illegal in Australia, but there is a problem in the country. On the one hand, Dexter has registered the trademark of “UGG”. On the other hand, UGG is still not the common name of snow boots in China. As a result, Dykes cannot take actions to safeguard human rights in Australia. There are no obstacles in the Chinese legal framework.
Yuhang Court concluded that the sellers of cross-border shopping service are obliged to understand that the purchase of goods may cause infringement after entry into the country, but did not fulfill this duty of care and still engage in purchasing activities, which constitutes trademark infringement of the company.
It can be imagined that the follow-up domestic sea Amoy market, UGG this category I am afraid to Deckers monopoly, and other UGG are difficult to survive, in fact, is also established, if the domestic UGG trademark is a company in Australia or a certain domestic When the sellers register, other merchants including Dykes will be swept away by the domestic e-commerce market.