A dispute of trademark continues between an American surfing wax company - Mr. Zogs Sexwax and an Australian swimwear maker Zoggs after a New Zealand court ruled in favour of the former.

The name “Zogs” originates from Frederick Herzog, the founder of Sexwax Company based in California for people riding surfboards since 1972. Australian swimming product company Zoggs previously marketed under the label "Zoggs Toggs."

In 2000, it was shortened to Zoggs. Sexwax claimed a 20-year verbal co-existence agreement between the companies in the 1970s, but brought the legal action after Zoggs attempted to register the trademark "Zoggs" in New Zealand in 2009. Zoggs’ application was declined by the Assistant Commissioner of Trade Marks under a number of statutory provisions, including s 17(1)(a) of the Trade Marks Act 2002 (the Act), on the basis that its use in New Zealand would be likely to deceive or cause confusion. Sexwax believed the similarity between the two names cause confusion.

Zoggs, on the other hand, said consumers won't get confused, because they would be looking at the words 'Sex Wax' and 'Zoggs' on products, not 'Mr Zogs' and 'Zoggs'. In June this year, the High Court of New Zealand upheld Zoggs’ appeal and said the word could be trademarked without causing confusion.

Following further complaints from Mr Zog’s, however, the Court of Appeal claimed on September 9 that an appeal should be granted, quashing the high court’s ruling. The decision has been issued by the Court of Appeal, and there is no further right of appeal for either party. With leave, the Supreme Court will hear an appeal, but the issues must be of considerable importance and the appeal must be in the public interest.