The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Perth, against Marksun Australia Pty Ltd.
The ACCC alleges that from at least June 2010, Marksun represented on various websites that its ugg boots were made in Australia when the ugg boots were in fact made in China.
Marksun is an online seller of ugg boots and promotes its products on three websites:
- marksunboots.com.au
- uggbootsonsale.com.au, and
- uggbootsoutlet.com.au
The ACCC alleges that Marksun’s conduct breaches sections 52 and 53(eb) of the Trade Practices Act 1974* and is seeking:
- declarations
- injunctions
- civil pecuniary penalties
- costs, and
- corrective notices.
The matter has been filed in the Federal Court’s fast track list and is listed for a scheduling conference in Perth on 2 February 2011 before Justice Gilmour.
Section 52 of the Act prohibits conduct by business that is misleading or deceptive, or likely to mislead or deceive and section 53(eb) prohibits false or misleading representations about the place of origin of goods.
*The proceedings were filed in late 2010. On 1 January 2011 as part of Australian Consumer Law amendments the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010.