Source : ABC NEWS
New Zealand’s High Court has knocked back an application for an interim injunction on the PNG Chiefs NRL franchise using its name in the country.
New Zealand Rugby (NZR) had rushed to court before the PNG team’s logo and jersey reveal in Port Moresby next week.
The organisation claimed use of the Chiefs name, which is also the name of the long-standing Super Rugby Pacific outfit, would cause confusion and damage to the brand.
But a judge at today’s two-hour Wellington hearing turned down the application after hearing an injunction could harm the NRL expansion outfit’s efforts to attract players ahead of a 2028 debut.
“The PNG Chiefs welcome today’s decision in the New Zealand High Court and look forward to the launch of our inaugural logo and supporter jersey in Port Moresby on Wednesday,,” PNG Chiefs CEO Lorna McPherson said.
“As the matter remains before the court, no further comment on this matter will be provided at this time.”
The dispute continues, with an application for a final injunction still before the court and legal action in Australia under consideration.
ARLC executive chairman Peter V’landys last week labelled NZR’s action one of “mind-blowing hypocrisy”, using the example of the Auckland Blues’ arrival decades after NSW “had been the Blues”.
“Today’s decision is not a judgment on the strength of our case and the matter will still be heard in full,” NZR boss Steve Lancaster said.
“As the trademark holder, our responsibility to protect the Chiefs brand hasn’t changed. We remain open to working with the ARLC on a solution.”
NZR’s lawyer Earl Gray argued today that the PNG Chiefs’ use of “PNG Chiefs” and “Chiefs” interchangeably created confusion for fans of both codes and that, with no clear distinction between the two, it would strip the rugby Chiefs of brand exclusivity.
He said NZR had trademark protections for the Chiefs in New Zealand that the NRL had not acknowledged.
ARLC lawyer Clive Elliot argued that the request for an urgent injunction, about a year after NZR became aware of the PNG Chiefs name, was not appropriate.
He said an injunction now would cloud the franchise’s reputation ahead of a recruitment blitz once free agency opened next month.
AAP
