V Energy Drink’s manufacturer has won the right to fix an error that meant the wrong shade of green was uploaded as its trademark.

Frucor Suntory New Zealand, which owns V, applied under the Trade Marks Act to rectify an error in the trademarks register concerning its energy drink.

The colour, Pantone 376C, was trademarked in 2008, but an error by the commissioner of trade marks at the time meant the wrong shade of green was uploaded to the database.

It was similar to a colour used in the "kick apple” flavour of Mother, a rival drink owned by Energy Beverages.

The error first came to light in 2017 when Frucor said the Mother drink was infringing on the trade marked colour.

Energy Beverages argued that trademarking the colour was contrary to New Zealand law because when printed on different surfaces the shade of green changed, therefore the trademark covered multiple versions and wasn’t precise.

It also argued that the colour tile included in Frucor’s 2008 trademark application did not match the shade of green that was trademarked, therefore invalidating the application. The High Court sided with Frucor.

The battle returned to the High Court at Wellington this week, where Frucor attempted to rectify the error, while Energy Beverages opposed it, saying a trademark could not be changed once granted.

The court ruled that the error was due to the technical failings when uploading the coloured swatch sometime in 2009 when the Intellectual Property Office of New Zealand digitised the original paper files to introduce its new online registry system.

It ruled that the error needed correction.

“The importance of consumer protection outweighs the threat of any perceived penalties to EBL for trademark infringement,” High Court Justice Christine Grice said.

“I am satisfied it is appropriate that the error be treated as if it had never existed.”

-Brianna Mcilraith/Stuff.