By Simon Shepherd
A legal hearing was asked today to decide who owned the rights to the phrase “World Famous in New Zealand”.
Coca Cola wants to trademark the saying, which it says belongs to the Lemon & Paeroa brand - which it already owns.
But Tony Coombe, an accountant from the town of Paeroa, says the phrase is Kiwi, and belongs to all Kiwis.
“'World Famous in New Zealand' relates to nothing, people use it all the time therefore they should be able to use it all the time,” he says.
The origins of the phrase date back to 1992 when an ad agency coined the line to become part of the L&P "World Famous in New Zealand" trademark.
Mr Coombe’s barrister David Marriott said at today’s hearing that the phrase was part of Kiwi culture.
“It's a phrase that we can apply to a lot of things that are Kiwiana, things that are special to New Zealanders,” he said.
“Even if it was intended as a trademark, it was quickly accepted generically by the public.”
In reply, Coca Cola's lead counsel Kim McLeod said the phrase met the legal requirement of being distinctive.
“This mark has cemented in the minds of New Zealanders, our particular goods, it's a perfect trademark - it is unique.”
He also said that Mr Coombe was objecting because he wanted to make money from the phrase.
“That’s because Coombe set up a company called “World Famous in New Zealand” and had previously built and run the L&P cafe in Paeroa,” said Mr McLeod.
But Mr Coombe denies it is about the money.
It is now up to assistant trademark commissioner Brian Jones, who incidentally is Australian, to decide the future of the phrase that Kiwis have taken to heart.
It wont be until early next year when it is known if “World Famous in New Zealand” is owned by Coca Cola.
3 News
source: newshub archive
