Nick Xenophon gets Canberra’s help in his US legal fight over the ownership of ugg boots trademark

In the David v Goliath battle of an Aussie ugg boot maker and a footwear giant, Nick Xenophon enlists a powerful ally to bring the case to the US Supreme Court.

Australian manufacturers are a step closer to regaining the right to sell ugg boots overseas. The Australian government has agreed to back a legal bid led by former senator Nick Xenophon in the US Supreme Court that could change global trademark law.

Mr Xenophon is acting for Sydney ugg boot maker Eddie Oygur who is in a battle with US global footwear giant Deckers. Deckers sued the Australian after he sold 13 pairs of ugg boots in the US.

Mr Oygur lost his case in the US Federal Court but is now trying to have the case heard in the US Supreme Court.

Mr Xenophon said the Supreme Court only hears around 80 cases out of 10,000 applications each year, but that Mr Oygur’s chances had increased after the Australian government agreed to file a “friend of the court” brief before the November 5 deadline.

“This is huge news. It is just in the nick of time, and this case has huge implications not only in international trademark law, but especially, for Australia and Australian jobs,’’ Mr Xenophon said.

Australian Ugg boot maker Eddie Oygur and Nick Xenophon launch a demonstration outside the Decker Outdoor Corporation at their headquarters in Goleta, California. Picture: Coleman-Rayner

Mr Xenophon has previously said that he would consider returning to federal politics if the Australian government refused to support Mr Oygur. but did not say whether he had changed his mind.

“Right now I am focusing on this case and getting a win for Eddie, and Australia. I am just taking one step at a time (of course in my ugg boots),” he said.

Mr Xenophon said if Mr Oygur’s case was successful, Deckers would lose the rights to the ugg trademark in the US as well as another 130 countries, allowing Australian manufacturers to sell their product globally.

Ugg boots have been around since the 1960s but the name “ugg’’ was trademarked in the US in the 1990s, then bought by Deckers in 1995.

“(It’s) very emotional for Eddie, who is so grateful that the government is on board. Eddie has always said this not just about him, but about Australia and bringing the ‘ugg’ name back home,” Mr Xenophon said

Mr Xenophon said Mr Oygur was grateful to Acting Prime Minister Barnaby Joyce and Attorney-General Michaelia Cash for their support.