Gumboot firm hits bull's-eye in lawsuit

By IRENE CHAPPLE

Veteran gumboot-maker Skellerup can claim victory in the first round of a branding battle.

Skellerup's lawyers are this week thrashing out the final terms of an injunction to stop Bullseye Rubber Products selling gumboots which a judge agrees resemble the Skellerup product.

In June Skellerup accused Bullseye of riding on the reputation of Skellerup's iconic red-rimmed Red Band boots.

Skellerup filed a statement of claim in the High Court at Christchurch, claiming that its Otorohanga rival passed off its own Red Rhino gumboots as Skellerup boots.

It said the red rim on the Red Rhino boots was "confusingly" similar to that on Red Band boots.

That rim, as well as red "foxing" - a band at the sole - were "distinctive elements of the get-up utilised by the plaintiff to identify its Red Band gumboots and have become associated in the minds of the New Zealand purchasing public".

Judge Colin Fraser found Bullseye had a case to answer and granted an interim injunction.

The judge found that the conduct of Bullseye in marketing its Red Rhino boots with a red band or stripe at the top could "lead the public to believe" the gumboots were made by Skellerup.

The injunction will prevent the distribution of Red Rhino gumboots until a hearing early next year.

Bullseye might also be forced to recall gumboots already sold to retailers.

The judge, who said the two parties should discuss the terms of the injunction, suggested the existing stock of Red Rhino boots should be clearly labelled as produced by Bullseye.

The introduction and marketing of further supplies should be prohibited, he said.

Bullseye director Paul Wallace said he was astounded at the decision.

The company made special attempts to brand the Red Rhino boots clearly so they could not be confused with the Skellerup product.

Red Rhino boots did not use red foxing on the sole, and this prevented confusion, he said.

They were also clearly labelled with a registered trademark.

Skellerup would not comment on the ruling.

If the company succeeds in its High Court action, Bullseye faces up to $250,000 in damages plus court costs.

Bullseye rubber products have been sold for 10 years, and Red Rhino boots were introduced in April this year.

About 7500 pairs were imported and more than 4000 of them have been sold.

Skellerup has been manufacturing Red Band gumboots since 1948, and is the dominant player in the local market, estimated to be worth $10 million a year.