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

 

Science: Hookworm Discovery At Malaghan Institute

Professor Graham Le Gros has led a team which has stimulated both innate and memory responses to the parasite, discovering along the way the unexpected behaviour of one particular immune cell, in Hookworm, one of the world’s most devastating tropical ... More>>

Business: Provinces Urged To Make Full Use Of New Air Services

Provincial New Zealand has been urged to use new air services to Auckland or risk losing them either partially or completely. The stark warning was issued today by Far North mayor John Carter at a ceremony at Kaitaia airport to mark the final Air ... More>>

Mobile: 2degrees To Credit All Calls And SMS To Nepal

In the wake of the devastating earthquake in Nepal in the weekend, 2degrees will be crediting all calls and SMS messages made to mobiles and landlines in Nepal from Friday 24th April until midnight Wednesday 29th April. More>>

Scoop Business: Alex Swney Pleads Guilty To $2.5M Fraud Charge

Alex Swney, former chief executive of the Auckland city centre business association Heart of the City, has pleaded guilty to dishonestly using documents to obtain $2.5 million. More>>

ALSO:

Petrol Burns Prices: Second Consecutive Quarterly Fall For CPI

The consumers price index (CPI) fell 0.3 percent in the March 2015 quarter, following a 0.2 percent fall in the December 2014 quarter, Statistics New Zealand said today. The last time the CPI showed two consecutive quarterly falls was in the December 1998 and March 1999 quarters. More>>

ALSO:

Scoop Business: NZ Broadcasters Launch Battle Against Global Mode ISPs

New Zealand broadcasters have confirmed they’ve launched legal proceedings against internet service providers who give customers’ access to “global mode”, which allows customers access to offshore online content, claiming it breaches the local content providers’ copyright. More>>

ALSO:

Sanford: Closure Of Christchurch Mussel Processing Plant Confirmed

The decision comes after a period of consultation with the 232 staff employed at the Riccarton site, who were told on 9 April that Sanford was considering the future of mussel processing in Christchurch. Recent weather patterns had impacted on natural spat (offspring) supply... More>>

ALSO:

Price Of Cheese: Dairy Product Prices Fall To The Lowest This Year

Dairy product prices fell in the latest GlobalDairyTrade auction, hitting the lowest level in the 2015 auctions so far, as prices for milk powder and butter slid amid concern about the outlook for commodities. More>>

ALSO:

Houston, We Have An Air Route: Air New Zealand To Fly Direct To The Heart Of Texas

Air New Zealand will fly its completely refitted Boeing 777-200 aircraft between Auckland and Houston up to five times a week opening up the state of Texas as well as popular nearby tourist states such as Louisiana and Florida. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news