Ugg was a generic term for sheepskin boots back when Brian Smith was granted a trademark in the mid 80s. The problem with Eddie's argument, Jennifer explains is that trademark is territorial. Each nation has its own registry of trademarks. So deckers argued what Australians think doesn't matter. What matters is what consumers in the US think are uggs a category of shoe or a particular brand of shoe. A study commissioned by the litigants themselves found 98% of those American women identified Ugg is a brand.