Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


The "Jandal Scandal" Takes a New Twist

Article: Ellis Terry – 24 January 2014

The "Jandal Scandal" Takes a New Twist

In a scandal of jandal proportion, Fairfax news site Stuff is reporting an army of fanatics has formed following the stoush which emerged yesterday regarding the monopolisation of this quintessential kiwi word.

Yesterday a Hamilton based online retailer lastseason.co.nz received a cease and desist letter from Stanford Industries Limited asking it to cease using the word "jandal" to advertise its footwear, claiming breaches of trade mark law.

The website owners have now taken to the social networking site Facebook seeking public support for their use of the term "jandal". The page "Jandal Scandal" currently has 909 likes.

Stanford Industries Limited is the owner of two New Zealand trade mark registrations for JANDALS (nos 60683 and 108195) for goods including footwear.

The registration of a trade mark grants its owner nationwide exclusivity in a trade mark.

However, registration is only part of the picture, and trade mark registrations may be attacked or challenged.

The purpose of a trade mark is to differentiate the goods or services for which it is registered from those of other traders.

If a trade mark can no longer serve to differentiate the particular goods or services because it has become generic or descriptive when used in relation to those goods or services, it can no longer serve its fundamental purpose.

Under the Trade Marks Act 2002 a trade mark may be revoked if, as a consequence of "inactivity of the owner, the trade mark has become a common name in general public use for a product or service in respect of which it is registered".

This is known in trade mark law as "genericism". Some examples of words which were formerly the subject of trade mark registrations in the United States, but which have later been found to be generic are:

AQUA-LUNG
ESCALATOR
HEROIN
KEROSENE
THERMOS
YO-YO
ZIPPER

It has been suggested by some commentators that the trade mark JANDALS has obtained this generic status in the minds of New Zealanders.

Another level of attack lastseason.co.nz may have open is revocation on the basis of "non- use". Under New Zealand trade mark law a registration may be revoked if "at no time during a continuous period of 3 years or more was the trade mark put to genuine use in the course of trade in New Zealand, by the owner for the time being, in relation to goods or services in respect of which it is registered".

So far two New Zealand intellectual property law firms have offered to take up the case for lastseason.co.nz, namely Catalyst Intellectual Property and James and Wells, so the end of this particular saga does not appear imminent.

ENDS

Please visit www.ellisterry.com for further information on all aspects of Intellectual Property.

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Scoop Business: Wheeler Downplays Scope For ‘Large’ Rates Fall

Reserve Bank governor Graeme Wheeler says some market commentators are predicting further declines in interest rates that would only make sense for an economy in recession, although some easing is likely to be needed to maintain New Zealand’s economic growth. More>>

ALSO:

Ruataniwha Dam: Consent Conditions Could Mean Reduced Intensity

Legal advice sought by the Hawke’s Bay Regional Council on the Ruataniwha Dam consent conditions has confirmed that farmers who sign up to take water from the dam could be required to reduce the intensity of their farming operation to meet the catchment’s strict nitrogen limit. More>>

Health And Safety: Bill Now Sees Rules Relaxed For Small Businesses

Health and safety law reform sparked by the Pike River coalmine disaster has been reported back from the industrial relations select committee with weakened requirements on small businesses to appoint health and safety representatives and committees. More>>

ALSO:

Bearing Fruit: Annual Fruit Exports Hit $2 Billion For First Time

The value of fruit exported rose 20 percent (up $330 million) for the June 2015 year when compared with the year ended June 2014. Both higher prices and a greater quantity of exports (up 9.0 percent) contributed to the overall rise. More>>

ALSO:

Interest Rates: NZ Dollar Jumps After RBNZ Trims OCR

The New Zealand dollar jumped more than half a US cent after Reserve Bank governor Graeme Wheeler cut the official cash rate by a quarter-point and said the currency needs to be lower, while dropping a reference to criteria that justified intervention. More>>

ALSO:

Drones: New 'World-Class' Framework For UAVs

The rules, which come into effect on 1 August, recognise the changing environment and create a world-class framework that accommodates ongoing development while still ensuring the safety of the public, property and other airspace users. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news