Enza logos

New Zealand-based kiwifruit marketer Zespri, which in 2007 took legal action against fresh produce exporter Enza Kiwifruit's new trade marks and brand, has lost its appeal following a rejection in the initial case.

Zespri had claimed that Enza's new logos were too similar to its own, but both the original hearing and subsequent appeal have been dismissed, Enza said.

'We were extremely surprised to discover that Zespri was claiming our branding was too close too theirs and would confuse the market,' said Jeff Wesley, managing director at Turners & Growers/Enza. 'If you look at the brands, in our view there is no way that could be confusing. As far as we're concerned Zespri was involving itself in anti-competitive behaviour which had little to do with the look of our new kiwifruit brands.'

The New Zealand High Court concluded that the appeal had failed due to the Enza trademark bearing 'insufficient similarity' to Zespri to create a risk of confusion, and because of the notable stature of the two companies.

'Enza branded kiwifruit in our view is extremely complimentary to the positioning of Zespri kiwifruit and far from trying to sue us and fail by barking up the brand tree, Zespri need to work with us for the benefit of all NZ kiwifruit growers,' Mr Wesley added. 'All up, they are frightened of competition and need to understand the world is changing, and they need to change with it.'

Zespri have the option of appealing further, but chances of success would be 'very low', according to Enza.