Squatter stopped in New Zealand: the Aunty Helen case

The name or nickname of a well-known person can be a valuable commodity, and in the wrong hands it can be used to mislead and do real damage.

This specific case happened in New Zealand between 2018 and 2021. Infact, New Zealand Intellectual Property Office just release a decision refusing to register the trademark “Aunty Helen”. 

The mark was applied for in 2018 by a person named Mr. Benson, who had no connection with the former Prime Minister of New Zealand Helen Clark who is known among the population with the nickname “Aunty Helen”.

The case started when Mr. Benson saw a TV interview with Ms. Clark in which she said she had no intention to use or register her nickname “Aunty Helen” as a trademark. He apparently saw “a valuable business opportunity” and applied to register the mark for various goods and services including clothing, political fundraising, publishing services, and providing information regarding political issues. 

He later deleted a number of the politically focused services and relied only on clothing, clothing retailing and various publishing related services. Ms. Clark put forward evidence showing significant use of “Aunty Helen” in connection with her, by news outlets, bloggers, and on social media platforms.

The Assistant Commissioner decided that the use of the mark “Aunty Helen” by Mr. Benson was likely to deceive or cause confusion and that the mark had been applied for in bad faith. Ms. Clark’s opposition succeeded and the mark was refused.

Supporting Helen Clark's nomination for UN Secretary General. Source: Stuff.co.nz

It has been stated that the New Zealand Prime Minister did not choose her nickname but her supporters, critics and the media refer to her by the nickname far more than she does herself.

Additionally, the IP Office has rules about trademarks that contain someone’s name, but the question of a nickname is not specifically covered. 

This means that the Assistant Commissioner had to break new ground and decide whether a nickname that is not necessarily used as a trademark can nevertheless mislead or deceive in the hands of a third party.

The Assistant Commissioner decided that based on the evidence, the scale of Ms. Clark’s reputation in the nickname “Aunty Helen” meant she was known among a significant part of the general public as Aunty Helen. Her reputation in the nickname, however it came about, was sufficient to give rise to a risk of confusion or deception that Mr. Benson hadn’t disproved.

This case shows that using someone else’s nickname for trade mark purposes if that is likely to make consumers wonder if some official connection exists with the person in question. This is the case even if a nickname is best owed upon you by the public (as is often the case with politicians), rather than something you choose and use yourself.

New Zealand Prime Minister Jacinda Ardern 

Eventually, there was an interesting twist. Mr. Benson, infact, had also applied to register “Jacindarella” (a reference to current Prime Minister Jacinda Ardern) as a trademark, and also this one was refused by the IP Office early on and Mr. Benson withdrew that application.

The subject case gives a good point of reflection to the fact that even a person’s name or nickname is a significant asset, and something that can easily be exploited in the wrong hands. 

It is also a big step for the New Zealand Intellectual Property Office which has revealed a solid decision that will help protect the rights of well-known people and the rights of consumers not to be deceived.