Reynolds recommends businesses trademark their brands and fight for them if that trademark is infringed.
“Number one is to trademark your brands. Make sure you have done the legal work, it costs a bit of money, but do it,” he says.
“Second thing is fight for them. When someone does rip you off get in the fight and go to court because you have a right to protect your brand.”
Reynolds estimates Muzz Buzz has spent $150,000 in fees for lawyers and expert opinions on branding and patent attorneys, a bill which Jitta Buzz will have to now pay “a fairly large proportion of”.
“But if we hadn’t done it we would have no right to our brand,” Reynolds says.
“I would have eroded instantly tens of millions of dollars of capital value in this company, it would be unbelievably stupid of me not to fight.”
Chrissandra Christie, owner of Jitta Buzz, told SmartCompany the judgment was “still sinking in at the moment” and “is a little bit raw”.
She says Jitta Buzz is in the process of making the changes required by the court even though she disagrees with the judgment.
“I believe it is a very unfair decision based on the evidence we provided. I feel our defence was never even considered but we have to move on,” Christie says.
“That’s what we are going to do and we have to look at it as an opportunity to refresh our image.”
Christie maintains Jitta Buzz was not in the wrong.
“I believe there were differences; Jitta Buzz is very home grown, I drew the logo myself, it is family owned,” she says.
According to Graeme Hall, partner at New Zealand law firm Buddle Findlay, many businesses are not aware that wholesale copying is not permitted legally.
“I think that very frequently what tends to happen in any particular industry is the copying that occurs is assumed to be okay, but in actual fact there is quite a distinction between what people think they can do and what the law permits,” he says.
“An idea itself is not protected by copyright; it is the artistic work or the endeavours whether it is the drawing or name that is protected.”
Cara Waters is a former SmartCompany editor. Previously, Cara was a senior reporter for the Financial Times’ website and worked for The Sunday Times in London.
