Nadene Lomu, the widow of rugby legend Jonah Lomu, has filed a legal claim against the New Zealand Film Commission on the rights to his story – alleging a breach of trademark.
The claim comes as production starts on a documentary about the rugby legend, who died at 40 in 2015 after a long battle with a kidney ailment, funded by the New Zealand Film Commission (NZFC).
In a statement to Facebook, Lomu outlined her issues with the documentary, saying she feels it’s “wrong and illegal” to make a documentary about her husband without consent.
“On Monday, September 25, I sent letters from myself to the New Zealand Film Commission and all producers of the Jonah Lomu documentary as I feel that a Jonah Lomu documentary, without my knowledge and consent, is wrong and illegal,” she wrote.
In the post, Lomu attached screenshots of the registered ownership Intellectual property Trademark documents – showing that she is the sole owner of anything to do with his likeness.
“Jonah Lomu’s name, likeness and image, including any film production and entertainment, must be approved and cleared through me as the owner of this IP.
“This stops anyone from trying to exploit and make money off Jonah, and I want to protect the authenticity of his legacy for our two sons, Brayley and Dhyreille.”
In the statement, Lomu said her letters to the NZFC, she “stated my support for their tireless and honest work on getting the New Zealand storytelling out to the world, and I fully support all they do”.
“But on this instance, where my Intellectual Property rights have been violated on the production of a Jonah Lomu documentary, made without my authority or consent nor have I been contacted by anyone in regards to the possibility that there might be a Jonah Lomu documentary.
“I have been forced to write a 'cease and desist’ to the New Zealand Film Commission and the producers involved from continuing down the path that breaches and infringes on my Intellectual Property rights.”
She said the letters were directed from herself to the parties involved, saying her concerns have always been for “the protection of Jonah’s and my children”.
“In saying that, I have no idea on what the story-line or direction of this documentary is taking or where the research has come from, nor has anyone in this process paid attention to see if there are any legal or copyright infringements.”
Speaking to 1News, she said the claim is about protecting her two sons and doing what's right for her husband and his legacy.
“We’re coming up on eight years since we lost Jonah, and to say it’s been difficult would be beyond an understatement,” she said.
“The boys are 13 and 14, and they aren’t of an age where they can actually stand up and speak for themselves. That's all I’m really doing here, is standing up for the protection of the boys and myself, and what I know is rightfully right by Jonah and what he would want.
“The fact that he’s not here and not able to do that, it falls on my shoulders."
Lomu said there is a “right way and a wrong way to go about anything”, and believes the NZFC and producers had gone the “wrong way”.
“When you’re talking about somebody of such a phenomenal magnitude, Jonah continues to inspire me, and he is my strength to get through the tougher days.
“My concern is that we have two sons together, and anything on the legacy and honourable way for their father, I think moving forward, the decent thing anyone could do is really consider what is best for his children.
“As the mother of the children, the thing that I am there to do is to make sure that happens.”
She wants her boys to be “confident and comfortable” to sit in front of anything that is released on their dad “and sit there with pride and the aroha behind it all and what Jonah really was to all of us”.
Lomu highlighted how she has been “painted in so many negative ways by media and the public” saying that bringing up the issue could “rekindle or bring up more negative things about me”.
She elaborated, saying: “As any mother with children would know, their protection of those they love is the most important thing to them, and negative publicity has always followed Jonah around, especially when he was at the top of his sporting career.”
Lomu said she made the post in case letters regarding the documentary started leaking, “and I am again painted in a way that is misleading and untrue”.
“This post is for my protection against any misconceptions about why I would write to the New Zealand Film Commission and the producers of the Jonah Lomu documentary who have infringed on my rights.”
“I wrote the letters out of Aroha and for their understanding.”
She finished by thanking her whānau and supporters for the support shown to her two sons.
“It is never unnoticed, and we truly appreciate you all.”
New Zealand Film Commission responds
In a statement to 1News today, the NZFC said the project has been put on hold until the issue has been resolved.
“Lomu has received NZFC development funding and recently, a conditional offer was made to the production for NZFC production funding. We can confirm however, that we have not paid out any production funding for the film to date,” the statement said.
“Before advancing any production funding to a project, it is a standard condition of the NZFC’s that we carry out a full chain of title review and require a chain of title legal opinion from the production’s lawyer which states the producer has all required rights to produce and exploit the film. This condition also applies to this project.”
The NZFC went on to say they do not believe intellectual property rights have been breached.
“However, we take intellectual property rights seriously and require any rights disputes to be resolved or managed before a project progresses.
"We have therefore notified the producer on the project that a rights dispute has been raised regarding the film that would need to be resolved before the project progresses.”
Lomu disagreed with the NZFC's response, saying under Class 41, of the Intellectual Property Office New Zealand (IPONZ) - which covers sport and entertainment - her trademark has been infringed on.
"As his wife, the mother of his two sons, the owner of the IP and the chief shareholder of his company, which is 100% bequeathed to me - I fight for nothing against Jonah's wishes.
"All I'm doing is fighting for what Jonah would be fighting for if he was still here."
"All I have ever fought for if for Jonah to be honoured in a way that such a humble person deserves to be honoured and paid respect to."
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