A STUDYGUIDE by Robert Lewis www.metromagazine.com.au www.theeducationshop.com.au Synopsis The Good, The Bad and The Ugg Boot (Susan Lambert, 2006) is a 54-minute documentary that follows the efforts of some businesses in Australia and America as they fight a US shoe company over control of a trademarked name, the ugg boot. For over 100 years the ugg boot has been an Australian product – from sheep shearer, to surfie, to under the bed, ugg boots have been part of Australian culture. Now the ‘ugg’ trademark is owned by a United States corporation: Deckers Outdoor Corporation have called their new brand of ugg boots ‘UggAustralia.’ With the ugg’s fortunes changing as a result of its new fashion status, thanks to Pamela Anderson, Hollywood stars and Oprah Winfrey, this corporation is calling on Australian manufacturers and their distributors not to use the word ‘ugg’ to market their boots. The story begins at Christmas 2003 when ugg boot manufacturers worldwide receive a letter from Deckers demanding that they cease using the word ugg, ug or ugh, or be sued. Enter the McDougalls, who have been making and selling ugg boots through their family business for twenty-seven years. The McDougalls decide to fight. They counter-sue Deckers, saying that ugg is a generic term and should never have been trademarked in the first place. At the same time another business in the US is being sued by Deckers for calling their boots uggs. The Severns have been selling Australian sheep skin boots in the US for forty years. They also decide to counter-sue Deckers, saying it is not a legitimate American trademark. Following the dramatic twists and turns of both these cases The Good, The Bad and The Ugg Boot uncovers the strange history of the ugg boot and how it became a global fashion sensation. SCREEN EDUCATION Room for a caption if needed Before watching the Film The film is about a word, ‘ugg’. Why might people make a fuss about one word? Room for a caption if needed key search terms – without using the word ‘ugg’. For example, you might do a search for ‘sheepskin boots’. Compare your results. If you were a manufacturer would you want to use the word ‘ugg’ to describe your product? Explain your reasons. 6 Why might the word ‘ugg’ be a powerful one for someone to control? SCREEN EDUCATION 1 Bring an ugg boot or a picture of one to school. Survey your friends, asking them what it is called. Record the answers. Do the same for people of other generations in other places. How many recognize the footwear as an ‘ugg boot’? 2 Imagine that you are the manufacturer and marketer of an ugg boot. How would you describe your product to a person who had never heard of it? 3 What alternative name/s could you use to describe it? 4 Do a Google search for ugg boots. Record the first page of results showing the top 15 or so in the list. 5 Now use a variety of alternative Exploring issues and ideas in the Film Room for a caption if needed • Brian Smith exports boots to the USA • Deckers markets the boots through a ‘seeding’ strategy • Deckers sends legal letters telling Australian supplier to stop calling them Ugg boots in descriptions used in advertising (such as would be found by a Google search). • Macquarie Dictionary includes Ugg as being a generic description of sheepskin boots • March hearing in Los Angeles finds that Deckers has control of the word Ugg • November hearing in Australia finds that Ugh is a generic word, and cannot be monopolized or trademarked in Australia. • Pamela Anderson is photographed wearing them, and suddenly many celebrities are • • • • • • • wearing them. Deckers’ sales soar. RAF pilots are using them. Called Fug boots Shane Stedman trademarks the word UGH in Australia Sheepskin boots being used in New Zealand by shearers Smith registers UGG boots as a trademark in America, saying there is no significant use of the word in the industry. Smith sells to Deckers Outdoor The boots are popular with surfers in Australia Deckers cannot maintain stock from Australian suppliers, and start importing from China. At the same time many boots are being sold in America through eBay. SCREEN EDUCATION 1 Identify who these people/organizations are in the story. • Deckers Outdoor Corporation / UggAustralia • Shane Stedman • Brian Smith • The McDougall family (WA) • The Severns (LA) • David Stewart • Robert Brody Hall • Federal Court (USA) • Registrar of Trademarks (Australia) 2 The film is about an American firm claiming ownership of a word that it does not have the right to. Here are some events associated with the ugg boot. Many of them are mentioned in the film. Organize them into a timeline of developments of the ugg boot. (You can check against the timeline at the end of this study guide) Curriculum applicability The Good, the Bad and the Ugg Boot is a classroom resource for middle and senior students in: • Australian Studies: what are national icons? • Media Studies: how does a film create its style or ‘tone’? • • • • English: the language of advertising and persuasion Business Studies: the impact of the internet on marketing Economics: the nature of globalization and its impacts Legal Studies: competing rights, intellectual property ExplorinG 1 Quality 2 USA system 3 Australian system Fair Impartial Chart 1 The film is about the commercial control of words — trademarks. A trademark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these. It is used to distinguish the goods and services of one trader from those of another. A registered trademark gives you the legal right to use, license or sell it within Australia for the goods and services for which it is registered. http://www. ipaustralia.gov.au/trademarks/what_index.shtml for it to apply in that country. 5 Why would this rule apply? Is it a good rule in your opinion? Why? 6 How might the development of the internet have subverted this rule? 3 Why would a company want to have an exclusive trademark? What commercial advantage might it give? 4 Give some examples of wellknown trademarks that would help a company’s sales. A trademark is country specific — it has to be registered in each country 7 List some other words that could not be trademarked in this way. 8 Some trademarked words become interchangeable with the product. For example, many people refer to a ‘biro’, meaning a ball-point pen, without realising that it is a particular make of ball-point pen, and is trademarked. See if you Some words are generic descriptions of a product, and cannot be trademarked for specific use by one company. For example, no company could trademark the word ‘Pasta’ for their pasta. Pasta is a generic word that applies to the food that we know as pasta. can list some other examples of trademark names that have come to be regarded as generic names for a particular product. A trademark also protects names that sound the same as the trademarked name. 9 Do you think these words would be covered by the trademark ‘Ugg’: Ugh, Ug? 10 Try to create: • More words that sound like but have a different spelling to Ugg • Words that are similar but do not sound like Ugg, and which someone might use to ‘ambush’ the trademarked word/s. For example, you might think that an ‘Erg’ boot might avoid the trademark problem, but still be sufficient to identify your boot as being similar to an Ugg boot. Room for a caption if needed Room for a caption if needed Room for a caption if needed Room for a caption if needed SCREEN EDUCATION Room for a caption if needed • Law • Rights • Justice • Decision • Solution 15 A sub-text in the film is that we should buy ‘Australian Made’ products. Do you agree? Why? 16 Deckers calls its boots ‘UggAustralia’. Go to its website http:// www.uggaustralia.com and look at the way it describes its boots. Its critics say that the boots are actually made in China. If so, is Deckers’ name and description of its boots misleading? Discuss this idea. 17 There are at least four types of rights involved in this situation: • Individual • Corporate • National • Trans-national Explain each of these terms. 18 What balance is Deckers trying to impose between them? 19 What balance are the local manufacturers trying to impose? 20 Where do the rights of local workers fit? 21 Where do those of foreign workers? 22 Which do you think is the correct balance? Explain your reasons. The film provides some insight into the world of globalization. Globalization involves the development of extensive worldwide patterns of economic relationships between nations, which includes increased international trade, growth of international investment and international migration, and increased creation of technology among countries. Globalization is the increasing world-wide integration of markets for goods, services, labour and capital. This economic activity can also have an impact on cultural, political and social systems across geographical boundaries. Globalization therefore involves: • Global markets • Changes to manufacturing systems • Use of Third World labour supplies • Dominance of corporations over small local firms • International rather than national operations SCREEN EDUCATION These issues about words will appear again as you discuss the issues in the film. 11 The film is about a dispute. Briefly outline: • The argument to support Deckers’ claim to the word • The argument to support the Australian claim to the word as a generic term that no single company has the right to claim for their own exclusive use. 12 The film is also about the process that exists to settle disputes. What do you expect from a dispute settlement process? List the qualities. For example, you might expect it to be fair and impartial. Add any more features to this list in column 1 in Chart 1. 13 Look at the way the United States and Australian systems are presented in the film. Does each show these qualities or characteristics? Make brief notes in columns 2 and 3 to summarize your findings about how each system does or does not fulfil each of your criteria. 14 Using this case as an example, distinguish between these words in a legal context: ideas Room for a caption if needed • Transnational marketing • The weakening of elements of local culture 23 Give an example of each of these elements or characteristics in the film. 24 Globalization involves winners and losers. Who are the potential winners in this situation? Who are the potential losers? 25 Which are you in this situation, a winner or a loser? Give reasons for your decision. One of the engines of change in globalization is the internet. 31 Discuss the likely impact of these changes on an audience’s expectations of the film. 32 Which do you think is the better version? Why? The Good, The Bad and The Ugg Boot is a spaghetti western following the funny, brave and tragic efforts of a bunch of feisty small family businesses, in Australia and America, as they take on a giant US shoe company, over a weird Aussie cultural icon – the ugg boot. For over 100 years the ugg boot has been an Australian icon – from sheep shearer, to surfie, to under the bed, ugg boots have been part of the Aussie cul- ture. Now, through a bizarre comedy of errors, the ‘ugg’ trademark is owned by an aggressive US corporation: Deckers Outdoor Corporation have called their new brand of ugg boots ‘Ugg Australia’. With the ugg’s fortunes changing as a result of its new fashion status, thanks to Pamela Anderson, Hollywood stars and Oprah Winfrey, this corporation is threatening the small family boot makers in Australia, and their distributors around the world, with legal action if they use the word ugg to market their boots. The story begins at Christmas 2003 when Ugg boot manufacturers worldwide receive a letter from Deckers demanding that they cease using the word ugg, ug or ugh, or be sued. Enter the McDougalls: Bruce, Bronwyn, and their daughter Fiona who have been making and selling ugg boots through their family business for twenty-seven years. Rather than give in to Deckers and lose the right to keep their name, Uggs-‘N-Rugs, and their internet business, the McDougalls decide to fight. They counter-sue Deckers, saying that Ugg is a generic term and should never SCREEN EDUCATION 26 What is the role of the internet in this case? 27 We do not hear the case of Deckers in the film. Is this fair? 28 Deckers chose not to be involved in the film. Does this change your answer to the previous question? 29 Do you think the film is a fair and balanced presentation of the case and the issues associated with it? 30 Does it have to be, or is it okay for a film to present a pre-determined view to its audience? Explain your ideas. Language is an important element in the film – the way people and issues are described can influence our reactions to them. The Synopsis at the start of this Study Guide is not in the exact form in which it was provided by the filmmaker. Look at the version below, which is the one originally supplied for use, and compare it to the one actually used at the start of the Guide. The sections underlined are the ones that have been changed. Room for a caption if needed have been trademarked in the first place. But they have to prove it. Bruce sets out to gather the evidence. At the same time another small family business in the US are being sued by Deckers for calling their boots uggs. The Severns, Percy, Cliff and Cliffie, have been selling Australian sheep skin boots in the US for forty years. They also decide to counter-sue Deckers, saying it is not a legitimate American trademark. If they lose, their Australian supplier will have to put off workers or close. Following the dramatic twists and turns of both these cases The Good, The Bad and The Ugg Boot uncovers the strange history of the ugg boot and how it became a global fashion sensation. But it is the build-up to the legal showdowns that keep the story on an emotional rollercoaster right up to the surprising conclusion. 33 One of the requirements in publi- cizing a film is to provide a maximum of 100 words to describe it in a way that will grab people’s attention, give them a good idea of what the film is about, and make them interested in seeing it. Write a publicity release for this film, using a maximum of 100 words. 34 Compare it to these ones provided by the filmmaker, and discuss. • What are the strengths and weaknesses of each? • How are they different? • Which is more appropriate? • Do they suit different audiences? Example 1 The Good, The Bad and The Ugg Boot In 2003 Australians woke up to find that the ‘ugg’ trademark was owned by a US corporation that was threatening ugg boot makers with legal action if they SCREEN EDUCATION A spaghetti western following a heroic bunch of small family businesses, as they take on a giant US shoe company, over a weird Aussie cultural icon – the ugg boot. Room for a caption if needed in the fILM Date Event Pre-1900 Sheepskin boots being used in New Zealand by shearers 1918 RAF pilots are using them. Called Fug boots 1960s The boots are popular with surfers in Australia 1971 Shane Stedman trademarks the word UGH in Australia 1979 Brian Smith exports boots to the USA 1981 Macquarie Dictionary includes Ugg as being a generic description of sheepskin boots 1986 Smith registers UGG boots as a trademark in America, saying there is no significant use of the word in the industry 1995 Smith sells to Deckers Outdoor 2000s Deckers markets the boots through a ‘seeding’ strategy 2003 Pamela Anderson is photographed wearing them, and suddenly many celebrities are wearing them. Deckers’ sales soar They cannot maintain stock from Australian suppliers, and start importing from China. At the same time, many boots are being sold in America through eBay Deckers sends legal letters telling Australian supplier to stop calling them Ugg boots in descriptions in advertising (such as would be found by a Google search) 2005 March hearing in Los Angeles finds that Deckers has control of the word Ugg November hearing in Australia finds that Ugh is a generic word, and cannot be monopolised or trademarked in Australia used the word ‘ugg’ to describe their boots. But one small family of boot makers in Australia, and their counterpart in the US, decide not to take this lying down. The film follows the drama of the legal battles as they fight to reclaim the word. Example 2 The Good, The Bad and The Ugg Boot A spaghetti western following the funny, brave and tragic efforts of a bunch of feisty small family businesses, in Australia and America, as they fight a giant US corporation over who owns the weird Aussie cultural icon – the ugg boot. Along the way we see how trademarking has become a lethal legal weapon in the global market place. 35 How does Lambert achieve these elements? Consider each of the following and decide how they help to create these styles: • The characters • The way the people are interviewed and seen in their relationship to each other • Music • Narrator • Language used • Editing – what’s shown, what’s not • The use of emotive terms and phrases. 36 Here is a statement from Lambert explaining more about what she was trying to achieve: The Good, The Bad and The Ugg Boot Filmmaker’s personal statement: Making The Good, The Bad and The Ugg Boot was an amazing rollercoaster ride. From the moment I had the idea – over two years ago after hearing a listener ring up the radio and announce that the word ugg was owned by an American corporation – until the landmark decision early this year, it was like riding a bucking bronco. Every time I thought I had a sense of what was going to happen it all changed. I had to remain flexible and alert to all possibilities and hold on to the story for dear life. My original vision for the film was a reallife version of the feature film The Castle and when I met the main characters of the film I knew it was possible. But before finding the McDougalls and the Severns there were many hours of legwork researching the issue and talking to other possible players. I filmed some of these people but their stories didn’t have the resonance I was looking for. I was always asking the question: could little people go up against a giant corporation and win? Of course when the Severns lost their case in America I thought this film was going to be very SCREEN EDUCATION The film’s main creator, Susan Lambert, says that her ‘original vision for the film was a real -ife version of the feature film The Castle. Three characteristics of her film are: • it is a ‘David and Goliath’ story • it is ‘tongue-in-cheek’ • the title is drawn from the ‘spaghetti western’, The Good, the Bad and the Ugly. depressing and the answer to the question would be no. But I never underestimated the McDougalls and following their struggle was a real privilege. Originally I had assumed that I would be able to film the other side of the story – Deckers Outdoor Corporation – but after months of approaching them and being rebuffed by their lawyers, I gave up and have only been able to include their public face. At first this was a terrible blow, but the film clearly articulates the priorities of a huge publicly listed company and the loss of a more personal relationship doesn’t weaken the film. I think I was drawn to the story because my parents had a small hardware business and I am familiar with the hard work of the little family businesses. I was also drawn to the story because it involved the buying and selling of a cultural icon. All the time I knew the dispute was not about a boot but a birthright. The film is a microcosm of globalization played out in our own backyard. When I look at a lot of my other films this film seems to be a culmination and continuation of a recurring theme of the relationship between money and power whether on the home front (Under The Hammer, 1997); in business (Risky Business, 1999); sex (Tokyo Bound: Bondage Mistresses of Japan, 2000); justice (DIY Law, 2002); love (Love and Money, 2004) or war (Deadly Enemies, 2005). So as to produce an international film on a domestic budget, I have had to pull in many favours and have to thank the fact that we have a strong documentary community here in Australia that enabled me to make it. 37 Why do you think that such a story would appeal to a filmmaker? 38 Is the style appropriate? Suggest alternative approaches. 39 Is it necessary to be fair and balanced? Does the film deal fairly with Deckers? 40 Do you think it is a good film? Explain your reasons. The McDougalls call on their website http://www.uggs-nrugs.com.au for people to join a campaign to save the Aussie Ugg Boot. Would you? Explain your reasons. Distributed exclusively by ABC Content Sales Tel 1300 650 587 Fax 02 8333 3975 www.abc.net.au/programsales This study guide was produced by ATOM © ATOM 2006 [email protected] For more information on Screen Education magazine or to download other free study guides, visit www.metromagazine.com.au For hundreds of articles on Film as Text, Screen Literacy, Multiliteracy and Media Studies, visit www.theeducationshop.com.au SCREEN EDUCATION Notice: An educational institution may make copies of all or part of this Study Guide, provided that it only 10
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