---
title: A chief by no other name
description: The dispute over the CHIEFS name highlights trademark challenges in sports, as the NZRU seeks legal action against the new PNG Chiefs team.
image: https://moranlaw.co/hubfs/ChatGPT%20Image%20Oct%2021%2c%202026%2c%2002_38_26%20PM.png
---

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# A chief by no other name

![John Hackett](https://moranlaw.co/hs-fs/hubfs/New%20team%20member%20social%20photo%20(2).png?width=80&name=New%20team%20member%20social%20photo%20(2).png) 

[John Hackett](https://moranlaw.co/blog/author/john-hackett) 

 October 21, 2026, 2:17:59 PM NZDT

A number of readers will have been aware of the ongoing dispute regarding the CHIEFS name being played out in the media, and more recently in the New Zealand High Court.

By way of background, the New Zealand Rugby Union (NZRU) has owned the CHIEFS name and registered trade mark in New Zealand, Australia and a number of other countries since the 1990s, in relation to its CHIEFS-franchised Super Rugby team.

The registered trade mark extends not only to services provided in relation to the sport of rugby but also covers related products and merchandise branded under the CHIEFS name, logos and specific red, black and yellow colours, particularly used on rugby jerseys and headwear.

Since 1996 the CHIEFS-franchised team has been playing in the Super Rugby competition which, at various times, has comprised teams from New Zealand, Australia, South Africa, Argentina, Japan and the Pacific Islands.

The CHIEFS name has become synonymous with the sport of rugby in these countries, especially in New Zealand and Australia, where fans immediately link it to one particular team.

On the other side of the Tasman, the National Rugby League (NRL) under the operation of the Australian Rugby League Commission (ARLC) has been actively looking to expand the sport of rugby league in Papua New Guinea, having given them the go-ahead to enter a team in the NRL competition in 2028.

The Prime Minister of Papua New Guinea, after a competition to name the team, announced in October 2025 that the team would be called the PNG Chiefs.

The NZRU was not happy with the choice of name. Soon after the announcement it wrote to the ARLC and the NRL, setting out its rights in the CHIEFS trade mark and asking that the name not be used. The two sides then traded correspondence over the following months, without agreement.

From that correspondence, it seemed clear from the outset, and the Judge later agreed, that the ARLC and the NRL were never going to back down and change the name in response to the NZRU’s objection.

So, at that point in time (the end of 2025) the NZRU should probably have acted a lot more quickly than it did and brought legal action in the form of an interim injunction.

Had it done so at the earliest possible time, it is likely the NZRU would have had a greater chance of succeeding at the interim stage, and then gone on to the substantive hearing of the trade mark dispute further down the track.

In fact, the NZRU waited until October 2026 to go to court for an interim injunction – a temporary order stopping the PNG Chiefs from using the name until the full case is heard – just days before the PNG Chiefs were due to launch their jersey and logo in Port Moresby. On 16 October 2026, Justice Grau of the High Court in Wellington turned the NZRU down. She accepted that the NZRU might have an arguable case, but decided that stopping the PNG Chiefs now would do them more harm than letting them carry on would do to the NZRU. The launch was going ahead in Papua New Guinea regardless, it was too late to rebrand the team, and the club was about to start signing players. If the NZRU wins at trial, it can be paid compensation for any damage to its brand.

The Judge also held it against the NZRU that it had left things so late. In the end, she said no on the strength of promises the ARLC and the PNG Chiefs made to the Court: to call the team the “PNG Chiefs” rather than just “the Chiefs”, and, where they can, to stop their websites and social media pages about the team from showing up in New Zealand.

That is not the end of the matter. The Judge noted that the Court could hear a fuller application for an interim injunction in February or March 2027, and that the parties could also ask for the main trade mark case to be heard urgently. With the summer break in between, she did not think the NZRU’s brand would suffer lasting harm before then. So the real fight is still to come, most likely early in 2027.

So what do these different Court injunction proceedings entail?

Interim injunction  
An interim injunction is a temporary order that keeps things as they are until the full hearing, made without deciding who is right. The Court looks at three things: is there a genuine case to be argued; which side would be hurt more if the order is made or refused while they wait for trial; and, overall, what is the fairest outcome. The Court does not decide who is likely to win – that comes later, at the full hearing.

Its purpose is to stop something from happening in the meantime – here, a new sports team launching under an already-known name – giving both parties adequate time to prepare for a full hearing where all the facts and arguments will be heard and considered.

Substantive hearing  
A substantive hearing, which may or may not end in a permanent injunction, is where the Court decides the actual legal dispute on its full merits, taking into account:

- comprehensive evidence from both parties
- witness examination and cross-examination
- detailed legal argument

A final decision is made by the Court, setting down any binding conclusions and conditions in a permanent injunction, or where it grants other appropriate relief – or where it simply refuses to grant any form of injunctive relief.

An important point to note is that the refusal to grant an interim injunction does not necessarily mean the underlying claim will fail at the substantive hearing which, as mentioned above, digs much deeper into the underlying issues involved, considering all the evidence brought before the Judge.

As a result, the NZRU gets to have one more bite at the cherry when it brings the action for a permanent injunction at the substantive hearing.

That said, the Judge’s early comments suggest it will not be easy. She doubted that “PNG” in front of “Chiefs” makes no difference, and she described the two teams as “clearly distinct” – one is a rugby union side from Hamilton, the other a rugby league side from Papua New Guinea, playing a different sport in a different competition. She also had confidence that Chiefs fans would not end up buying the wrong team’s jersey by mistake.

Nor is New Zealand the only battleground. After the decision, the chief executive of the Chiefs rugby club said the NZRU was “absolutely” considering legal action in Australia – where most NRL games are played, and where IP Australia has previously turned down attempts by the NRL to register the Chiefs name because of the risk of confusion.

The case offers some practical lessons for trade mark owners. If you object to another party’s use of a similar name, decide early whether you are prepared to go to court and then act promptly, because delay can count against you when an interim injunction is sought. Check that your registrations cover every territory that matters to your brand, and consider whether a coexistence agreement could resolve the dispute before it reaches the courts.

As for this matter, WATCH THIS SPACE!

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