High Court of New Zealand Rules in Favour of Tonga National Rugby League in Landmark Trademark Infringement Case
Auckland, New Zealand — May 29, 2024
In a landmark decision, the High Court of New Zealand has ruled in favor of the Tonga National Rugby League Incorporated Society (TNRL) in a significant trademark infringement case. The ruling, delivered by Justice Brewer, marks a pivotal moment in the protection of TNRL’s trademarks and cultural symbols.
The court found that Veili Paonga and Nasita Productions Ltd had infringed upon TNRL’s trademarks, including the “Mate Ma’a Tonga” emblem and the stylized dove, Ha’amonga. These symbols are integral to the identity of the Tonga national rugby league team.
Key Points of the Ruling
Trademark Infringement Confirmed: The court confirmed that the defendants used TNRL’s trademarks without permission, violating the Trade Marks Act 2002.
Injunction Granted: An injunction was issued, prohibiting the defendants from further unauthorized use of TNRL’s trademarks.
Mandatory Disclosure Ordered: The first defendant must provide a detailed affidavit on their infringing activities, including sales data and financial information.
Potential Financial Remedies: TNRL can seek financial compensation, either through damages or an account of profits, based on the forthcoming financial disclosures from the defendants.
Deterrent Effect: This decision sets a strong precedent, deterring potential future infringements of TNRL’s trademarks.
Statement from TNRL
“We are gratified by the High Court’s decision, which validates our rights and efforts to protect the trademarks that symbolize the pride and spirit of Tongan rugby league,” said TNRL ‘s Secretary Mr. William Edwards.
“This ruling not only safeguards our cultural heritage but also ensures that the profits derived from these symbols benefit the rightful owners and support the development of grassroots rugby league locally. We hope this serves as a clear message to all that the unauthorized use of our trademarks will not be tolerated.” He said.
This ruling is a significant milestone in TNRL’s ongoing efforts to uphold the integrity and value of its brand. The organisation is committed to taking all necessary steps to protect its trademarks and ensure their respectful use, honouring the heritage and contributions of the Tongan rugby league community.
About Tonga National Rugby League (TNRL)
The Tonga National Rugby League Incorporated Society governs and administers the game of rugby league in Tonga. TNRL is dedicated to promoting the sport and supporting the Tonga national rugby league team, fostering a sense of national pride and unity through the spirit of rugby league.
TNRL, which has governed rugby league in Tonga for over 35 years, was sensationally expelled by the International Rugby League (IRL) in 2019 for bringing the game into disrepute. The expulsion followed the TNRL board’s decision to sack their coach, Kristian Woolf, a move the IRL disagreed with due to the coach’s popularity with players and the potential disruption to the playing squad. Consequently, the IRL decided to expel TNRL and has controlled the national team since then, with the assistance of the government.
However, with this landmark decision in New Zealand, TNRL indicates that Nasita Productions is only the first target. In his closing comment Mr. Edwards said “There are bigger entities that have profited significantly from the unauthorised use of the logo since 2017, and TNRL plans to bring them before the law to answer for their actions.”
