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Resene Wins Interim Injunction Against Orica

Resene Wins Interim Injunction Against Orica


Appropriation of Resene Spanish White and Resene Pearl Lusta colours and colour names by Orica.

1. Resene have a long history of product innovation, a strong colour offering and a unique marketing style. We are committed to protecting this hard earned position.

2. Much to our disappointment, we discovered in early March that a competitor had chosen to reproduce two Resene colours - Pearl Lusta and Spanish White in their new colour range.

3. Both colours are distinctive to Resene and have been an important part of the Resene colour range since the early 1970's. Their long sales history and popularity have made these two colours iconic to Resene, featuring extensively in Resene colour charts and promotional materials as well as in external media. Both specifiers and retail customers alike strongly associate these colours with Resene.

4. Our disappointment in this action was heightened as a verbal agreement had been reached some years ago between our two companies to respect each others intellectual property in this area.

5. Resene have endeavoured to resolve the situation amicably but have been advised by Orica management that they believe it is their right to use Resene colours and colour names under their own branding.

6. We strongly disagree - Orica's stance has forced Resene to undertake legal proceedings to protect our colours and colour names.

7. As part of a large Australasian conglomerate with vast resources at their command, far in excess of the resources of Resene a privately owned New Zealand company, we are disappointed that Orica have chosen to copy key Resene colours and colour names rather than develop their own. We believe it is not unreasonable to expect our competitors to respect our innovation and uniqueness just as we respect theirs.

8. As a result, Court proceedings were issued. An interim injunction was awarded to Resene Paints Ltd by Justice Hammond in the Wellington High Court on 2 July 2003.


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