A Tauranga start-up company now operating in Hamilton is being asked to stop using the beloved Kiwi term ‘jandal' to market their footwear due to a claimed breach of trademark.
Online clothing company Lastseason.co.nz received a lawyer's letter yesterday requesting it stop the use of the term jandal on their website as the company owns the trademark for the word in New Zealand.
Tauranga-raised company director Jeremy Mould told SunLive he was completely taken aback by the letter, and did not think twice about using the term jandal.
'I contacted them and asked if we could pay to use the term and they said no. I was given no indication as to how to move forward.”
Jeremy says the company advised him to use the term ‘thongs' or ‘flip-flops' instead.
'This is a New Zealand business and in New Zealand we call them jandals – it is the common term, everyone calls them jandals.”
Since the letter was published on the company's Facebook page, Jeremy says people have been 'up in arms” over the claim.
'It's like you're trying to take something Kiwi away.”
Jeremy says they have now been approached by intellectual property lawyers James and Wells with an offer to represent them if a trademark case were to go ahead.
The letter, sent from Sandford Industries Ltd, requested the company remove all 'unauthorised reference to the word 'Jandals” from the internet website”.
Baron Sandford is the registered director of Sandford Industries Ltd, which purchased the trademark for the word in 1995. It is understood this company is separate from Sandford Industries (2010) Ltd – a Christchurch company selling Commando Gumboots.
Waikato Times reports Sandford Industries Ltd trades under the name Gentex Ltd and manufactures and sells jandals online.
According to NZ History online ‘jandal' was originally coined by Auckland businessman Morris Yock in 1957. Inspired by footwear he had seen in Japan, Morris began manufacturing the rubber footwear and combined the words ‘Japanese' and ‘sandal' to create the name ‘jandal'.
Skellerup took over the supply of raw materials and eventually bought the business in 1987. Skellerup subsidiary Viking Footwear took over the name in the 1990s, and today it is owned by Sanford Industries.
6 comments
JANDAL
Posted on 24-01-2014 09:17 | By sharon69nz
if JANDAL is trademarked then surely Jeremy could use JANDALS.With the s on the end would make it a different word. good luck to him
Rubbish
Posted on 24-01-2014 09:24 | By Surfwatch
Jandal is one of those words that has been coined by the public as a description of "thongs". So much public usage over such a long period of time surely must render that word "jandal" as not being able to be trade marked. Probably why the lawyers said they would represent as they have a good case, but have they got the money
Jandels
Posted on 24-01-2014 09:29 | By Bruceb
Why don't you just change the spelling and stick it to them, Jandel
Jandals/Thongs
Posted on 24-01-2014 15:10 | By s83cruiser
God help NZ. Isn't this just getting like the US. If the poor guy uses THONG he will have some underwear manufacturer on his tail as well. Be interesting to see how retailers deal with the different brands or do they just advertise Jandals and cover a range of brands.
how childish
Posted on 25-01-2014 07:57 | By Me again
good luck to you jeremy just change the spelling as someone else writes that company is being a bully jandel, janndels, janndelz to name a few.
Take the offer
Posted on 29-01-2014 16:03 | By awaroa
test it in the legal system. Next thing you know we won't be able to call our gumboots - gumboots. They will be "wellingtons"! No way, I wear gumboots, and will not be changing my choice of words for a few bullies to make a few bucks. Kia kaha Jeremy. Don't give in to the bullies.
Leave a Comment
You must be logged in to make a comment.