16 March 2017

Names: Stirling Bloodstock v. NZ Racing

Lip Up Fatty and Rotten Culture were refused Racing Board registration as racehorse names when the High Court ruled against Warkworth trainers Stirling Bloodstock.
This naming saga began with attempts by Stirling Bloodstock to name one horse Dotcom Go Home.  Registration was refused as offensive to a public figure: Mr Kim Dotcom.  The horse was eventually registered as It Aint Over.
NZ Racing receives some 2200 name applications each year.  It is guided by an international agreement between horseracing authorities which prohibits names of public figures or commercial brands unless permission has been given.  Offensive, insulting and vulgar names can also be refused.  Approval from Australia is needed when an Australian-bred horse is registered in this country to avoid confusion, given close trans-Tasman ties in the industry.
In what may have started as a whimsy to name a horse Dotcom Go Home subsequently settled into a hardened legal battle when NZ Racing and Stirling Bloodstock traded arguments over horse-naming.  Stirling Bloodstock accused NZ Racing of inconsistency in refusing Lip Up Fatty.  It had previously accepted as names: Fats, Fatboy Slim, Fat Knight and Fat Albert.  Justice Clark ruled that while applications to register like names must be treated alike, so dissimilar cases may be treated dissimilarly in proportion to their difference.  It is a matter of tone and context.  NZ Racing viewed Lip Up Fatty as an alternative way of expressing the sentiment Dotcom Go Home.
Rotten Culture was refused registration because the phrase can be associated with dysfunctional organisations.  NZ Racing saw this application as a “dig” by Stirling Bloodstock at NZ Racing.
NZ Racing searches Google and urbandictionary.com to ensure proposed names do not include street argot being sneaked past unsuspecting Racing registration staff.
Stirling Bloodstock v. NZ Racing – High Court (16.03.17)

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