Nadene Lomu has full control<\/a> of the Lomu trademark, and its use. She believes it has been breached for \u201ccommercial purposes\u201d and is considering all her legal options.<\/p>\n She is also upset about the unrelated online sale of T-shirts featuring the rugby great\u2019s<\/a> face and branded the \u2018Lomu Tee\u2019.<\/p>\n AdvertisementAdvertise with NZME.<\/a><\/p>\n Lomu, 40, died in 2015 from a heart attack caused by kidney failure.<\/p>\n \u201cThe Intellectual Property Office of New Zealand exists for anyone and everyone to see where ownership rights sit. Yet it\u2019s blatantly obvious people choose to ignore it,\u201d Lomu told the Herald, calling it \u201cTrademark 101\u2033.<\/p>\n I\u2019m over people constantly exploiting Jonah, thinking they can use him to fill their pockets <\/p>\n Nadene Lomu<\/p>\n \u201cThe boys and I are well aware that tributes will always be made about their dad – and deservingly so, but here are two examples of where moneymakers should have known better.<\/p>\n \u201cI\u2019m over people constantly exploiting Jonah, thinking they can use him to fill their pockets. No one owns the rights other than Brayley, Dhyreille and myself.<\/p>\n \u201cI would never steal another person\u2019s rights and family possessions the way people keep doing this to us and taking from our sons. It\u2019s a disgrace and enough is enough.<\/p>\n \u201cThis is where the power of trademarks is truly underestimated, but let me clarify this … Both examples provided are unlawfully infringing upon our trademark ownership rights, and we are sick of it!\u201d<\/p>\n The family learned of the book when one of her boys last weekend spotted it in a bookstore shortly after it was released in early July, Lomu said.<\/p>\n She added anyone who wanted to use Lomu\u2019s likeness for any commercial purposes should be seeking the legal permission to do so; that would include approaching her as she controlled Lomu\u2019s trademark<\/a>.<\/p>\n Wall referred all queries to the publisher.<\/p>\n Dennington said the book was a tribute, never intended to cause upset. <\/p>\n AdvertisementAdvertise with NZME.<\/a><\/p>\n Dennington did not know if Wall had spoken to the Lomu family, or lawyer Chris Darlow, the executor of the Lomu estate.<\/p>\n He said he would be happy to discuss the matter with them.<\/p>\n Nadene Lomu said the author and publisher should have known better.<\/p>\n She believed the use of Lomu on the cover and in the book was an example of her and the rugby great\u2019s legal rights \u201cbeing stomped on\u201d.<\/p>\n The online apparel sales also breached the Lomu trademark, she said.<\/p>\n \u201cRespecting someone isn\u2019t selling them out without the legal permission to do so,\u201d she said.<\/p>\n AdvertisementAdvertise with NZME.<\/a><\/p>\n \u201cPerhaps instead of sweeping the dust on my floors, it\u2019s time to sweep up the outside trash, and hold these people liable for damages.<\/p>\n \u201cMaybe, they should do their homework before commercialising on Jonah without the legal permission to do so because ignorance is a weak excuse and not a valid defence against trademark infringement.\u201d<\/p>\n Dr Victoria Argyle, Special Counsel at AJ Park, Intellectual Law Services, told the Herald the trademark abuse claims would be hard legally to stack up in the case of The Immortals of New Zealand Rugby.<\/p>\n Lomu\u2019s claims were not cut and dry.<\/p>\n The registered patent attorney said the issue was whether Lomu\u2019s name was being used in the book as \u201ca trademark, or in any other way that suggests authorisation, or simply as his name\u201d.<\/p>\n The book did not use Jonah Lomu in its name, and neither was his name – or claims of authorisation – used in advertising materials.<\/p>\n AdvertisementAdvertise with NZME.<\/a><\/p>\n While Argyle hadn\u2019t read the book, it appeared to be \u201can independent story showcasing 15 New Zealand All Black players generally regarded as some of our best players\u201d.<\/p>\n In that case, legally, it was \u201can example of a fair and descriptive use to legitimately refer to an historic figure and former rugby legend\u201d.<\/p>\n \u201cIt does not appear to be doing anything that would mislead consumers, including as to its source. Thus, there is little that Nadene can do here to prevent the use of his name in this book.\u201d<\/p>\n Amicable decision on Lomu trademark<\/p>\n Lomu\u2019s dispute with lawyer Chris Darlow<\/a> has also been resolved.<\/p>\nNadene Lomu with her and Jonah’s teenage sons Brayley and Dhyreille.<\/p>\n
Jonah Lomu scoring a try against Australia in Wellington, 1996. Photo \/ Nigel Marple Collection.<\/p>\n
Nadene Lomu also claims this organisation has breached the Lomu trademark with their T-shirts.<\/p>\n
Nadene Lomu had a dispute with her lawyer Chris Darlow then issued a reconciliation letter.<\/p>\n