09/10/2026
Who Owns a Brand Name — and How Far Should a Business Go to Protect It?
TKOA BRANDS | The Key Of Awesome Brands
An interesting battle is developing between New Zealand Rugby and the NRL over one word.
CHIEFS.
For 30 years, the Waikato-based Chiefs have been a recognised name in Super Rugby. Now, the NRL’s new Papua New Guinea franchise intends to use the same name.
New Zealand Rugby has taken the matter to the High Court, seeking to prevent the new team from using the Chiefs name in New Zealand.
The NRL is defending its position.
But this isn’t really just a story about rugby.
It’s a story about business, branding, reputation and protecting something you’ve spent years building.
A brand is more than a name or a logo
Think about some of the world’s most successful franchise businesses.
Their names represent far more than the products or services they sell.
They represent customer expectations, consistency, reputation, trust and, ultimately, commercial value.
Every advertisement, every customer interaction and every successful transaction contributes to building that value.
And sometimes it takes decades.
That’s why businesses invest so heavily in protecting their brands.
But can two businesses share the same name?
Of course they can, depending on the circumstances.
There are businesses around the world operating under identical or similar names without creating problems.
Trademark rights generally depend on factors such as where the mark is protected, the goods or services involved and the likelihood of customer confusion.
The interesting question in this particular case is whether two professional sporting organisations, competing for audiences and commercial opportunities in overlapping markets, can successfully operate under the same name.
That’s ultimately a matter for the courts if the parties cannot reach an agreement.
What does this mean for franchise businesses?
In franchising, brand protection is particularly important.
A franchisee invests money to operate under an established name, expecting that name to have recognition, credibility and value.
But there’s another side to this.
Every franchisee also has a responsibility to protect the brand through the way they operate their individual business.
Poor customer service, misleading advertising or a badly handled complaint can damage a brand just as surely as somebody else using a similar name.
Protecting a brand isn’t simply the responsibility of the lawyers or the marketing department. It’s everyone’s responsibility.
How far should you go?
I believe businesses have every right to protect something they’ve worked hard to establish.
But there must also be commercial common sense.
Legal action can be expensive, time-consuming and potentially damaging to relationships and public perception.
Sometimes negotiation, differentiation or a sensible commercial agreement can achieve a better outcome.
Other times, taking a firm stand may be necessary.
The challenge is knowing the difference.
My final thought
Whether you’re running a multinational franchise network or a small local business, your brand is one of your most valuable assets.
You spend years building a reputation. You can damage it in minutes.
And while protecting your brand name is important, protecting what that name stands for is even more important.
So here’s my question:
Should New Zealand Rugby fight to protect the Chiefs name, or should there be room for both teams to use it?
I’d be interested to hear your thoughts.
TKOA BRANDS — The Key Of Awesome Brands
Building Better Business.
