Spark claimed Kogan Mobile were using brand attributes on their website similar to those Skinny had used for more than half a decade, which could be misleading to consumers.<\/p>\n
James & Wells Senior Associate, Sebastien Aymeric spoke to the Herald about the situation. Here is an excerpt:<\/p>\n
\u201cSkinny most likely has a strong reputation in the colour orange in relation to mobile services so it is not unreasonable for Spark to take such preventative measures to maintain that reputation.\u201d<\/p>\n
Aymeric says with the way it appears today, the\u00a0Kogan Mobile NZ\u00a0website is playing within the rules.<\/p>\n
\u201cKogan does not appear to be in breach of Skinny\u2019s copyright; it does not appear to have copied Skinny\u2019s website when creating\/developing its own: its website is designed differently, its layout is different, and the text and language it uses is different.\u201d<\/p>\n
\u201cKogan is unlikely to be found in breach of the Fair Trading Act. Consumers accessing Kogan\u2019s website are not likely to be confused or deceived into thinking it is somehow associated with Skinny.\u201d<\/p>\n
Beyond the colour scheme it\u2019s sporting today, the site, \u201cis clearly branded KOGAN. Broadly speaking, Kogan is not trying to pass itself off as Skinny or free-ride on Skinny\u2019s reputation,\u201d the James & Wells lawyer says.<\/p>\n