Court jettisons waxing dispute

A long-running trademark dispute between Australian swimwear firm Zoggs and California-based Mr Zogs Sexwax has been dumped by the Supreme Court.

Mr Zogs Sexwax, an international brand of wax used to improve grip on surfboards, had raised the dispute based on a 20-year-old verbal agreement between the companies.

Zoggs, which makes goggles and swimming togs, and Mr Zogs have had a longrunning rift over the right to use the name ‘‘Zoggs’’.

In June last year, the High Court at Wellington upheld Zoggs’ appeal against an Intellectual Property Office ruling which said it could not trademark the word ‘‘Zoggs’’ in New Zealand.

Sexwax, established in California by Frederick Herzog in the 1970s, opposed the trademark.

The Intellectual Property Office ruled in favour of Sexwax, having found Zoggs acted in bad faith in its application to trademark ‘‘Zoggs’’.

But the High Court found Zoggs, the swimwear brand, had a right to file for the trademark and there was no likelihood of confusion between the two brands.

A ruling from the Court of Appeal, however, allowed Sexwax’s appeal and reinstated the IPO’s ruling against Zoggs’ trademark application.

Yesterday, the Supreme Court dismissed Zoggs’ application for leave to appeal that decision, and awarded costs of $2500 to Sexwax.

‘‘We do not see this application as raising any issue of general or public importance,’’ the court’s judgment said.

‘‘Moreover, we do not see it as involving the risk of a substantial miscarriage of justice.’’