However, that may have to be put on ice as NZ Rugby (NZR) has trademarks on both sides of the Tasman for the Chiefs\u2019 Super Rugby franchise and says it is focused on protecting the brand.<\/p>\n
In a statement, NZR says it has corresponded with the NRL about the use of the Chiefs name.<\/p>\n
\u201cThe Chiefs have been a professional rugby club since 1996 and has an established identity and fanbase, both in the Pacific region and globally,\u201d the statement said. <\/p>\n
\u201cThis 30-year identity includes the Chiefs name, logo and distinctive colours.<\/p>\n
\u201cThere are long-standing registered trademarks for the Chiefs logo in New Zealand and internationally, including in Australia. In addition, New Zealand Rugby has sought additional wordmark protections for the Chiefs name and made an application to IP Australia in October last year.<\/p>\n
\u201cNZR can confirm we have corresponded with the NRL, including last week, about the decision last year to similarly name and brand a new rugby league team. NZR\u2019s focus is on protecting the Chiefs trademark and working with all parties towards a positive outcome.\u201d<\/p>\n
The Chiefs Super Rugby franchise is based in Hamilton. Since being part of the competition, it has won two titles when current All Blacks coach Dave Rennie was in charge in 2012 and 2013.<\/p>\n
Intellectual property barrister Earl Gray from Sangro Chambers told Newstalk ZB that NZR would have a strong case in court. <\/p>\n
The league team\u2019s potential colours could compound the issue.<\/p>\n
The Chiefs Super Rugby franchise uses black, red and yellow, the same colours as the PNG flag and those the Chiefs NRL franchise uses on social media.<\/p>\n
\u201cIf they\u2019re the same colours, then arguments that people aren\u2019t going to be confused get a bit more difficult,\u201d Gray said. <\/p>\n
\u201cThere\u2019ll be merchandise, and that\u2019s a key area for all teams, which is on sale potentially in the same stores.<\/p>\n
\u201cBoth have Chiefs on them and both have the red, black, and yellow. So that would, I suppose, potentially strengthen NZR\u2019s position because the likelihood of confusion would be increased.<\/p>\n
\u201cIf they [NZR] sued in New Zealand, then they would likely get an injunction to stop that name being used. That would be the argument as soon as PNG Chiefs is out there, it undermines the exclusivity of the Chiefs rugby franchise in the name Chiefs.\u201d<\/p>\n
Earl Gray is an intellectual property barrister. Photo \/ Sangro Chambers<\/p>\n
Vanuatu United FC, the soccer club who will compete in the new Fifa-backed OFC Pro League, are also known as the Chiefs.<\/p>\n
There has been a similar event in New Zealand when the Auckland-based Football Kings were forced to change their name by the Sydney Kings<\/a> basketball franchise.<\/p>\n Despite initially refusing to change their name, they eventually relented and altered the spelling to Football Kingz<\/a> instead of going to court.<\/p>\n There are teams across multiple sporting competitions that use the same moniker, including the Wellington Phoenix football team and South East Melbourne Phoenix basketball team.<\/p>\n \u201cI don\u2019t think if they\u2019ve got a valuable brand and they perceive that that brand is being damaged, then that\u2019s why they\u2019ve invested in trademark protection and and renewed it over 30 years,\u201d Gray said.<\/p>\n \u201cIn that sense, I don\u2019t think it\u2019s something that New Zealand Rugby would feel they they should or need to bail on.<\/p>\n \u201cIt\u2019s a valuable brand which they\u2019d be looking to enforce and that\u2019s you know, that\u2019s why you have rights. You have rights because at some stage you might have to use them to stop someone doing something.\u201d<\/p>\n Earlier this month, Prime Minister Christopher Luxon declared the PNG Chiefs are building the \u201cbest league team in the world\u201d<\/a> and predicted plenty of Kiwis will travel to Papua New Guinea to watch the NRL\u2019s newest franchise, despite safety concerns over travel to the nation.<\/p>\n So far the Chiefs have signed seven players including Jarome Luai and former New Zealand international Joseph Manu.<\/p>\n The National Party leader made the bold claim during a press conference with PNG Prime Minister James Marape<\/a>, where they discussed a new direct flight between Port Moresby and Auckland, which would be up and running in 2028.<\/p>\n \u201cI\u2019m telling you, you\u2019re gonna get a lot of Kiwis coming up to watch those league games,\u201d Luxon said, before pointing to Marape and adding: \u201cHe\u2019s just built the best league team in the world\u201d.<\/p>\n Luxon\u2019s comments came just hours after he was left red-faced confusing the Warriors with the Super Rugby side, the Waratahs<\/a>.<\/p>\n