New Zealand trademark law is under the spotlight in the High Court in Auckland this week.
High-flying New Zealand owned toy company Zuru is claiming it should be allowed to use a trademark of global giant Lego on some of its packaging.
Zuru’s been stopped from doing so by the massive Danish toy manufacturer in an ongoing legal stoush over wording on the packaging of Zuru’s Max Build More blocks.
Lego is claiming Zuru infringed trademark law in 2018 when it began marketing its bricks with the statement “Lego Bricks Compatible” on packaging.
Zuru launched the product in New Zealand through The Warehouse in November 2018.
Lego complained to Zuru and The Warehouse and it eventually resulted in Zuru's labelling being modified to read Max Build More products were “Compatible with Major Brands.”
Two years later in 2021, Zuru decided to reintroduce its original marketing referencing its product being compatible with Lego.
High-flying New Zealand owned toy company Zuru is claiming it should be allowed to use a trademark of global giant Lego on some of its packaging. (Source: 1News)
Zuru argues it is entitled to do this under the Trade Marks Act which allows companies to undertake comparative advertising, to inform customers that different products are compatible and can be used in conjunction with each other.
Last year Lego sought to have Zuru’s case dismissed, but a judge ruled there’s a reasonably arguable case.
Zuru is seeking a declaration from the court that the Trade Marks Act allows for use of their compatibility statement and that it does not infringe Lego’s trade mark.
The case is set down for 12 days before Justice Lang.
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