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New Zealand Rugby says it has tried but failed to engage the Australian Rugby League Commission (ARLC) over the NRL’s expansion team, the PNG Chiefs, sharing IP with Super Rugby Pacific of the club of the same name. As a result, the union took the matter to the High Court of New Zealand.
The official launch of PNG Chiefs, including the unveiling of their official logo, is scheduled for later this month, but concerns from the NZR, which IP Australia also shares, the potential confusion between the two clubs on the overlapping sports market will now have to be resolved through legal process. NZR has trademarked the ‘Chiefs’ name and club logo in New Zealand since 1998 and also has trademark protection for Bosses logo in Australia.
A statement released by the union this week said: “NZR is seeking both an interim and final injunction stopping the use of the names ‘PNG Chiefs’, ‘Chiefs’ or any other similar name in New Zealand.”
IP Australia’s view is that there is a “real and tangible risk of confusion” if the launch of the new rugby league goes ahead under the ‘PNG Chiefs’ plan.
The expansion into Papua New Guinea is a milestone for the NRL and, more broadly, for the growth of rugby league in the Pacific, something the NZR said it supported when announcing the lawsuit. However, the union also said that having two rugby clubs, albeit under different codes, operating under the same name in the same region would “cause significant confusion and damage”.
“In 30 years the Chiefs and their players have built an incredibly strong identity that is widely recognized and loved by fans. Last year we raised our concerns directly and consistently with the ARLC in an attempt to find a solution. We now have a responsibility to protect the Chiefs brand,” said NZR chief executive Steve Lancaster.
“We want to be absolutely clear, this is not about growing rugby league in the Pacific. We welcome the development of the Pacific region through sport and the passion that the people of Papua New Guinea have for rugby and rugby league.”
Chiefs chief executive Simon Graafhuis added: “Here in New Zealand, when people hear ‘Chiefs’ they think of this club and this region. The identity carries significant cultural meaning and connection with the region and its people, we know it means a lot to our players and coaches past and present, fans and supporters here and around the world.
“Teams in different sports and markets can exist side by side with the same name, but the problem here is the similarity of our sports competing in the same market, for the same fans, in overlapping windows.”
The move did not go down well with ARLC executive chairman Peter V’landys, who offered an impassioned retort.
“We will defend this vigorously,” he said in a statement.
“The hypocrisy is staggering, given Auckland Blues 1996 used the name NSW Blues without any consultation or approval. The NSW Blues were the Blues for over 50 years before that.”
