Tauranga Boys' College in-shop row

A Tauranga secondary school has taken legal action to stop a local uniform supplier from manufacturing and selling imitation uniforms.

Active Schoolwear Ltd (ASL), on Grey St in central Tauranga, was found to be manufacturing its own version of Tauranga Boys' College's uniform instead of ordering the uniform through the college's authorised uniform manufacturer, ISC Lenco.

The copied items are navy polo shirts and grey shorts.

The college board of trustees chairman, Geoff Morgan, told the Bay of Plenty Times Weekend the school's uniform was sold in three outlets - at the school, at Greerton Menswear and at Active Schoolwear.

However, he said Active Schoolwear had decided to get their own uniform manufactured, which was a breach of their agreement.

"Obviously if they have a different manufacturer, they will use different materials and slightly different colours."

He said there were subtle differences between the officially produced uniform and the imitation uniform.

"There's not a lot of difference but I do expect these differences to become more visible over time as the garments are worn," he said.

College principal Robert Mangan said ASL replicated the school's "distinctive" trademark protected Discobolus design.

He said the trademark was sought by the college a few years ago in order to protect the integrity of the uniform to guarantee consistent design, colour, quality, price, performance and overall uniformity.

In the school's latest newsletter, Mr Mangan wrote he became aware of the problem at the end of last year.

Tauranga law firm Holland Beckett which is representing the college, recommended the school take action against ASL.

Mr Mangan said after receiving legal advice, the school took the view that ASL's conduct was unlawful and a breach of the Discobolus trademark had occurred as ASL had passed off the uniform to parents and students as the official school uniform.

"ASL has an arrangement with the college to sell the official uniform ordered from ISC Lenco but chose instead to manufacture their own version of the uniform and copy the college's trademark," Mr Mangan said.

Accordingly, the college issued legal proceedings against ASL.

On January 27, 2012, the college filed an injunction against ASL, which was filed in the High Court.

"They have agreed with the injunction which means they accept this issue has to be corrected," Mr Morgan said.

The injunction meant ASL could no longer manufacture or sell the imitation Tauranga Boys' College uniform. The store can still sell the Tauranga Boys' College uniform but it must be manufactured by ISC Lenco - the official manufacturer."

Mr Morgan was not sure of the cost difference between official and imitation uniform items but said ASL had sold the uniform at a higher price than at the college's uniform store.

"That's one thing that's really surprised me," he said.

Although the injunction is in place, court proceedings with ASL are ongoing.

Mr Mangan said the school would endeavour to keep the college community informed of any new developments and future arrangements.

He acknowledged parents would have "unknowingly purchased uniform from ASL believing it to be the official school uniform" and, accordingly, the school did not wish to disadvantage any student who was in this category.

He said the board of trustees had agreed to allow a period of time for the imitation trademarked uniform purchased from ASL to be worn by students.

Mr Morgan was unsure how long this grace period would be in place but said it could be "up to six months".

"We've left it open because we don't know what's going to happen with the condition of the uniforms and we do want to keep the standard [of uniform] high, so it could be up to six months or longer."

Mr Mangan said if parents had any issues with the imitation uniform they had purchased from ASL - a simple check of the manufacturer's tag on the shorts and shirts would show whether the manufacturer was ISC Lenco - and were under the impression they were purchasing official uniform, they could have grounds for asking ASL for a refund or exchange for the official uniform.

Active Schoolwear did have supplies of the college's uniform at the store yesterday but staff would not allow the stock to be photographed.

They also would not supply the cost of the uniforms to the Bay of Plenty Times Weekend.

On the Active Schoolwear website, the link to the college had been deactivated.

Active Schoolwear spokesman Tony Edmonds said: "We are most concerned by the actions of the school and we will make a statement early next week."

Mr Mangan said he wanted to reassure parents the college was "committed to ensuring parents received the best value for their money and maintained the integrity of the uniform in terms of quality, uniformity and performance".

In order to achieve this, it regularly put the right to manufacture the school uniform out to tender to ensure price and quality were reviewed periodically.

Did you buy a Tauranga Boys' College uniform from Active Schoolwear? Email news@bayofplentytimes.co.nz