Plea for help from Horowhenua Library Trust

Update

(by Liz Rea on behalf of the community):
There has been a lot of news in the last 24 hours – much of it has been collected in this Zotero group. Coverage of the story includes three radio stories, one TV clip, blog posts, tweets, Facebook and G+ updates. We are overwhelmed by the support we are getting from around the world – thank you so much for your time, money, tweets, and attention to our plight.

We learned a few hours ago of a press release and statement from a LibLime/PTFS staff member that states their intention to transfer the TM to the Horowhenua Library Trust. However, as of this writing there has been no official communication between LibLime/PTFS and HLT that I am aware of. We will update this post again when we have more information, and thank you again (and again) for your support.

Original Post

Horowhenua Library Trust is the birth place of Koha and the longest serving member of the Koha community. Back in 1999 when we were working on Koha, the idea that 12 years later we would be having to write an email like this never crossed our minds. It is with tremendous sadness that we must write this plea for help to you, the other members of the Koha community.

The situation we find ourselves in, is that after over a year of battling against it, PTFS/Liblime have managed to have their application for a Trademark on Koha in New Zealand accepted. We now have 3 months to object, but to do so involves lawyers and money. We are a small semi rural Library in New Zealand and have no cash spare in our operational budget to afford this, but we do feel it is something we must fight.

For the library that invented Koha to now have to have a legal battle to prevent a US company trademarking the word in NZ seems bizarre, but it is at this point that we find ourselves.

So, we ask you, the users and developers of Koha, from the birth place of Koha, please if you can help in anyway, let us know.

Help the cause – contribute to our legal challenge fund:

Contribute using PayPal

NZ cheques can be made out to Horowhenua Library Trust and posted to:

Levin Library, 10 Bath Street, Levin 5510

Bank deposits can be made to this account:

Te Horowhenua Trust, Westpac, Levin, NZ. 030667-0299274-00  REF: Trademark

69 Comments on “Plea for help from Horowhenua Library Trust

  1. I donated towards the legal fund on the basic principle of an off-shore company asking for a TM on a maori word for gift or donation… for commercialising free software. Kia kaha Horowhenua Library Trust!

  2. Hi there, final year law student – can assist if required. Please contact me in the first instance to arrange copies of all information to be forwarded to me. 021324294. Al

  3. I’ve never been to your library or even heard of this issue until i came across it by chance today on a NZ news website. I’ve just donated to do what I can to help. Good luck.

  4. I’ve just checked. It is accepted in that they have applied for the Trademarks, now the objection period starts. All you need to do is lodge an objection and state why, it doesnt need to be expensive. It maybe but then that’s not really controllable.

    There are heaps of trademarks for ‘KOHA’ already.

    The issue is that the trademark is for the same class of goods and services as you trades in. I have some sympathy for you, but again New Zealand is not isolated anymore. It hasn’t been for quite some time. We are party to a number of conventions that mean our trademarks can be registered in every country overseas and likewise overseas applicants can register their trademarks here,

    I would like to see more NZ companies get training in intellectual property awareness as for $112.50 they wouldn’t be going through this. Registering a trademark is SIMPLE in New Zealand and costs $112.50 which is nothing even for a non profit if its that valuable.

  5. Look up how the two husband and wife Australians battled the Americans to keep their own Ugg Boot Brand. They nearly lost everything, but they perservered and eventually won! I hope you get in touch with them.

  6. I donated. I’m not a lawyer but I don’t see why a word such as ‘Koha’ should be granted a trademark (at least in New Zealand) any more than the word ‘Gift’.

  7. By the way it would be good if the original blog post could be updated to include some of the information contained in the comment made by Joann Ransom at says:
    November 22, 2011 at 5:33 am . 50% of the people hitting the original blog post won’t get to see the comments and there’s some important information in that comment.