Poms and Kiwis do battle over Reiss

NATIONAL: It appears there will be no short-term resolution in a legal dispute between two apparel companies vying for the Reiss trade mark in New Zealand.

Apparel suppliers Network Clothing Company and Reiss Holdings Limited (RHL) have been at loggerheads since the RHL applied to have Network's New Zealand Reiss trademark revoked on the grounds of non-use in 2007.

The Wellington High Court has granted an application for leave to Network Clothing Company, allowing it to gather further evidence against a decision to revoke aspects of its registry in New Zealand.

The decision was handed down by the Trade Marks Commissioner in October 2007, after it was determined Network had only used the mark across men's shirting, jackets and pants. The trade mark's UK owner RHL had initially applied for a complete revocation of Network's rights and has also appealed the decision.

RHL wants to launch its products in New Zealand and has appealed the Commissioner's decision, arguing Network's registration should be revoked on all grounds. Network has opposed RHL's appeal and been granted leave to file two affidavits in support of its opposition.

The company successfully argued there had been a misapprehension in what matters its original evidence needed to address. Justice J Mallon ruled Network had not properly addressed issues surrounding genuineness, authorisation and control but said this could have resulted from RHL only raising the issue of "use" in its application.

"There are special reasons to allow this evidence to be filed," he said. "RHL may well have been prejudiced in the evidence it adduced before the Commissioner by the generality of the application for revocation. The evidence to be adduced is confined to the areas where potential prejudice arose."

Justice Mallon said other factors had weighed into the decision to grant Network an application for leave.
"There is also some public interest in an accurate trade mark register and that interest may be facilitated by allowing in evidence which is relevant to the determination of the appeal. The factors pointing against leave do now outweigh these considerations in this case."

The Trade Marks Act 2002 states that a trade mark may be revoked if it is not put to genuine use in the course of trade in New Zealand for a continuous period of three years or more. No date had been set for the hearing at the time of press.

By Assia Benmedjdoub