Groucho said:
The NZRU tried, but failed to register the jersey and silver fern as a trademark in New Zealand, so they haven't got a leg to stand on really. It is only the name ALL BLACKS that has trademark protection. Anyone can run out in AB jerseys and do as they please, legally.
Sorry Groucho, but you are completely wrong. THE NZRU have had their specifc FERN trademarked since at least 1986. Prior to that the fern they used was more generic. In order to trademark it they had to design the one used by them now.
Both their fern and name are registered in multiple classifications in most countries.
What the NZRU tried to do was to regisister ANY fern on a black jersey - they abandoned that idea quite quickly.
Sure anyone can run out in an AB jersey, but the issue with this ad is one of "Passing Off" - eg Have coke made or tried to make an association with the All Blacks. Of course they have, but in Japan a court might not see it as clearly as we would in NZ because Coke could argue that the ABs are not widely known in Japan and therefore the public would not make the assocation. IN NZ or even Aus - a court would see it differently