17 September 2015

Probus name: Probus South Pacific v. Probus NZ

For Probus Club members it is an opportunity to further intellectual and cultural interests.  For competing Probus umbrella organisations it is a commercial battle over affiliation fees.  The High Court ruled Australian-based Probus South Pacific Ltd holds rights to the name Probus in relation to clubs incorporated in New Zealand.  Unaffiliated clubs in New Zealand have been ordered to change their names: Devonport, Fitzherbert, Milson, Whitianga, Waikanae, Wanaka and Wellington Ladies.
The Incorporated Societies Act governs names used by registered clubs and societies.  Changes can be forced if “undesireable”.  A name is undesireable if similar to a name already in use.  Probus NZ Inc and affiliated incorporated clubs were ordered to change their names to remove any link to the Probus name since it is currently in use by Probus South Pacific and its affiliated clubs.
The High Court was told Probus clubs were first formed in the United Kingdom in 1967.  The name is a combination of “professional” and “business”.  Introduced into New Zealand in the 1970s, the first local clubs were sponsored by the service organisation, Rotary.  What later became Probus South Pacific Ltd was set up to co-ordinate the operation of Probus clubs in Australasia and Pacific islands.  In March 2014, Probus NZ was set up by a breakaway group from Probus South Pacific affiliated clubs dissatisfied with the service provided.  They claim Probus South Pacific’s support services were inadequate, unnecessary and based on the wrong philosophical, conceptual and business model. 
They are free to establish rival organisations, but they cannot use the Probus name.
Probus South Pacific v. Probus New Zealand – High Court (17.09.15)

15.105