Legal action possible

by Michelle Sutton
D-Scene 5-Aug-2009

CARISBROOK Stadium Trust is threatening Stop The Stadium with legal action weeks before the protest group’s second legal showdown.

The latest action stems from Stop The Stadium’s logo of the “Forsyth Barrstad at University Plaza”, which takes a pot-shot at the new brand of Forsyth Barr Stadium at University Plaza, launched last month.

This week the latest court action action was threatened by Carisbrook Stadium Trust over the STS’s logo on its website. The logo has been removed, but will reappear on its website tomorrow.

Law firm Kensington Swan lawyers, acting for Forsyth Barr Ltd and CST, yesterday wrote to STS president Bev Butler saying the use of some of the trademarks, referred to as infringing marks, was detrimental to the character and reputation in the marks.

There are three areas CST’s lawyers point to where the trademarks are infringed.

“Misuse of the marks is actionable by our clients,” Kensington Swan say.
It asks for STS to stop displaying the infringing marks anywhere. However, Butler says the logo will be displayed on the STS website, from tomorrow.
STS initially put the logo on its website this week, but it was taken down and has been amended after receiving the letter for Kensington Swan, she says. STS has sought legal advice, but Butler declined to comment on that advice.

STS appear before the Court of Appeal in Wellington on August 18, attempting to overhaul a High Court decision in April which allowed Dunedin City Council to enter into a stadium construction contract and for work to start at the Awatea St site.
“Our legal counsel, Len Anderson and Hilary Calvert, have prepared a strong, thorough case and we are hopeful that justice will finally be served,” Butler says.
michelle.sutton(at)dscene.co.nz

The letter from their lawyers (PDF)

Advertisements
Published in: on 06/08/2009 at 3:22 am  Leave a Comment  

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: