New Zealand Rugby’s trademark case over the Chiefs name may look strong on paper – but it’s not straightforward, a lawyer has warned.
NZR is seeking both an interim and final injunction, to stop Papua New Guinea’s incoming NRL franchise from using the ‘Chiefs’ name, or any similar names, in New Zealand.
The move represents a major escalation in the dispute and threatens to disrupt the PNG club’s plans to formally unveil their inaugural jersey and branding in Port Moresby on October 21 – less than two weeks away.
The PNG team, which is set to join the NRL in 2028 as the competition’s 19th franchise, is backed by a $600 million Australian government funding package. The Chiefs Super Rugby club have argued that allowing another professional sporting franchise to use the same name in the same trans-Tasman market risks undermining a brand it has spent three decades building.
Kate Duckworth, who specialises in intellectual property and trademarks, told Morning Report the case looks really strong: “it’s the same name, in a very similar sport – and that’s what you need for trademark law”.
“But you need a third thing – and that’s for the public to be deceived or confused,” she said.
“That’s where I think this case could be a bit more difficult.”
Intellectual property lawyer on the Chiefs name dispute
Duckworth says the judge will have to look at whether the general public are likely to be genuinely confused by two teams playing in different competitions having the same name.
“Are they going to buy a ticket for the wrong game? Are they going to buy the wrong merchandise? Are they going to come out wearing a PNG Chiefs shirt rather than a Waikato Chiefs shirt?”
She said fans of both rugby and rugby league codes – or even fans of just one – are likely to be educated enough in that particular market, meaning confusion is less likely.
Duckworth says due to social media and global media coverage, a regional rebranding for the PNG Chiefs applying to New Zealand only, is unlikely.
“Either you’ve got a trademark registration, which here the Chiefs do, or you’ve got sufficient reputation that when people hear the Chiefs in relation to sport, they know what they’re talking about.
“I think that the Chiefs in New Zealand tick those boxes,” she said.
“They’ve got their trademark registrations and they’ve got a good public following. Everybody knows who they’re talking about. That part of the law, I think, is covered pretty easily.
“But, it’s the practicality around being something else.”
Duckworth said New Zealand Rugby would need to convince a jduge they at least have a strong case in order to place an interim injunction – and then move towards a full trial.
“Those often take a year, they can take 18-months, it could be longer before it gets to court to be fully decided.
“But if the judge was convinced there’s enough for an interim injunction, then that interim injunction stays in place until the full court hearing,” she said.
The Papua New Guinea Chiefs are on their way to entering the NRL in the 2028 season.
Facebook / PNG Chiefs
NZR chief executive officer Steve Lancaster said for 30 years the Chiefs and their players have built an “incredibly strong identity that is widely recognised and loved by fans”.
“We want to be absolutely clear, this is not about rugby league’s growth in the Pacific. We welcome the development of the Pacific region through sport and the passion that the people of Papua New Guinea have for both rugby and rugby league.”
Lancaster added that since October 2025, when the expansion side’s name was confirmed, NZR has shared its concerns with the Australian Rugby League Commission (ARLC) and has sought to engage them to agree a positive outcome.
“For 30 years the Chiefs and their players have built an incredibly strong identity that is widely recognised and loved by fans. We have raised our concerns with the ARLC directly and consistently over the last year in attempting to find a resolution. We now have a responsibility to protect the Chiefs brand,” he said.
A Waikato Chiefs supporter pictured during the 2026 Super Rugby Pacific season.
Photosport
The Waikato side has used the Chiefs name since 1996 and holds registered trademarks covering its logo in New Zealand and internationally, including Australia.
The choice of the Chiefs name has particular significance in PNG.
Prime Minister James Marape announced the name last year after a public process, saying the word reflected the country’s history, with chiefs – both men and women – having played an important role in communities across the nation’s many tribes.
Chiefs CEO Simon Graafhuis said the ‘Chiefs’ identity also carries significant cultural meaning and connection the Waikato and Bay of Plenty regions.
“We know it means a great deal to our players and coaches past and present, fans and supporters here and around the world,” he said.
“Teams in different sports and markets can exist alongside one another with the same name, but the issue here is the similarity of our sports competing in the same market, for the same fans, in overlapping windows.”
