Australian company Zoggs into legal wrangling with Mr. Zogs Sexwax
Surfersvillage Global Surf News, 1 May, 2013 : - - Mr. Zogs Sexwax is an international brand of wax. The brand Zoggs makes goggles and swimming togs. But just who can use the name Zoggs has led to a long-running rift between the two firms. Zoggs, a swimming product company founded in Australia, has appealed against an Intellectual Property Office ruling against its application to trademark the word 'Zoggs' in New Zealand.
Surfing product company Sexwax, established in California by Frederick Herzog in the 1970s, opposed the trademark as it produces a product called Mr Zogs Sexwax. Mr Zog is Herzog's nickname and in 1972 he began producing Sexwax for people riding surfboards. The Intellectual Property Office ruled in favour of Sexwax, having found Zoggs had acted in bad faith in its application to trademark "Zoggs".
A series of phone calls and emails beginning in the early 1990s between Herzog and Neil McConnochie, the son of one of the founders of Zoggs, were the basis of the bad faith claim. McConnochie contacted Herzog in 1992 and formed a co-existence agreement whereby Zoggs could register a trademark in Australia for its range of goggles.
Herzog said he agreed to not oppose the trademark on "the founder's verbal promise to limit the products . . . to just swimming goggles".
In 1995, however, a trademark for Zoggs Toggs was filed in Australia and since then Zoggs Toggs swimwear had been sold. By the late 1990s Zoggs Toggs were also being sold in New Zealand, predominantly through The Warehouse. Herzog later opposed a 2007 trademark application for the US market.
Read the full article at Stuff.co.nz
Author: Hamish McNicol
Tags: Sex Wax, Zoggs Toggs, Legal