The widow of All Black legend Jonah Lomu has threatened to take legal action against an Australian publisher and the author of a book which she says breaches the “Lomu trademark.”
Nadene Lomu has claimed that the book’s publisher, Rockpool, and the book’s author, Jamie Wall, have breached her husband’s trademark that was set up in 1997.
She is reportedly considering legal action against both, after her sons initially noticed their dad’s image being used on the front cover of the aptly named ‘Immortals’ book, which is dedicated to the greatest players in the history of New Zealand rugby.
The book isn’t the only part of the saga that Lomu has issues with. She has also complained about the online sales of a T-shirt which bears her late husband’s face, saying: “The online apparel sales also breached the Lomu trademark.”
Lomu complains about ownership rights
Lomu told the New Zealand Herald: “The Intellectual Property Office of New Zealand exists for anyone and everyone to see where ownership rights sit. Yet it’s blatantly obvious people choose to ignore it,
“The boys and I are well aware that tributes will always be made about their dad – and deservingly so, but here are two examples of where moneymakers should have known better.
“I’m over people constantly exploiting Jonah, thinking they can use him to fill their pockets. No one owns the rights other than Brayley, Dhyreille and myself.
“I would never steal another person’s rights and family possessions the way people keep doing this to us and taking from our sons. It’s a disgrace and enough is enough.
“This is where the power of trademarks is truly underestimated, but let me clarify this … Both examples provided are unlawfully infringing upon our trademark ownership rights, and we are sick of it!”
Publisher CEO hits back
The chief executive of Rockpool, Paul Dennington, has defended the use of Lomu’s image in the publication, claiming that it was intended simply as a tribute to the great man and was not meant to cause upset.
Nadine Lomu remained frustrated by the situation, claiming: “Respecting someone isn’t selling them out without the legal permission to do so,
“Perhaps instead of sweeping the dust on my floors, it’s time to sweep up the outside trash, and hold these people liable for damages.
“Maybe, they should do their homework before commercialising on Jonah without the legal permission to do so because ignorance is a weak excuse and not a valid defence against trademark infringement.”
Drawing in specialist independent comment, the Herald brought in Dr Victoria Argyle, Special Counsel at AJ Park, Intellectual Law Services, to assess the situation.
Noting that the book was “an independent story showcasing 15 New Zealand All Black players generally regarded as some of our best players”, she concluded that it was “an example of a fair and descriptive use to legitimately refer to a historic figure and former rugby legend.
“It does not appear to be doing anything that would mislead consumers, including as to its source. Thus, there is little that Nadene can do here to prevent the use of his name in this book.”