Sacked Kiwi cease and desist regarding Fired Kiwi - trade mark branding

What Sacked Kiwi alleged

The cease and desist letter asserted (in summary) that:

• "Sacked Kiwi" is a distinctive and protected brand used nationwide.
• Using "Fired Kiwi" for similar employment-advocacy services is likely to cause confusion among the public.
• Win Kiwi Limited's use allegedly "dilutes" the distinctiveness of "Sacked Kiwi" and constitutes trade mark infringement under New Zealand law.

They also referenced potential claims and they foreshadowed injunctive relief and damages if Win Kiwi Limited did not comply.

What they demanded (and the deadline)

The demand section required that we immediately:

1. Cease all use of the name "Fired Kiwi" (and any confusingly similar variations), including domain names, website content, branding, advertisements, and social media.
2. Remove or disable any online presence (including website, email addresses, and marketing materials) utilising "Fired Kiwi" in connection with unfair dismissal or employment advocacy services.
3. Confirm in writing within three (3) business days that we had fully complied.

The letter stated that if Win Kiwi Limited did not comply, they reserved the right to pursue legal action for trade mark infringement, damages, and injunctive relief.

Win Kiwi Limited's response

We responded the same day. In short: "Fired Kiwi" is a registered trade mark. On that basis, we do not accept the infringement allegation. We asked them to review the Trade Marks Register and consider the relevant legal position.

IPONZ register context (why this matters)

The IPONZ Trade Marks Register records (at the relevant times):

• "Dismissed Kiwi" (IP number 1121216) - registered in class 45, owned by Win Kiwi Limited (deemed date 22 May 2019).
• "Sacked Kiwi ; SackedKiwi" (IP number 1165984) - registered in class 45 (filing / deemed date 8 December 2020).
• "Fired Kiwi" (IP number 1168029) - registered in class 45, owned by Win Kiwi Limited (deemed date 6 January 2021).

This matters because the letter framed the dispute as if "Sacked Kiwi" has an exclusive right to stop any similar "Kiwi + employment outcome" branding. The register shows a more complicated reality: multiple registered marks exist in the same class, and any dispute requires careful, fact-specific legal analysis, not generic assertions.

Contact form abuse (separate issue)

Later the same day, after Win Kiwi Limited's response to Sacked Kiwi, Win Kiwi Limited's website received an abusive submission through the "Quick Contact" form. Win Kiwi Limited is not alleging who submitted it.

Key documents (download)

The core documents and screenshots so readers can see what was actually said, and review the IPONZ Trade Marks Register context themselves.

1) Cease and desist letter (9 September 2025)

The letter asserts trade mark infringement and demands immediate cessation of "Fired Kiwi" use, takedown of online material, and written confirmation within three business days.

Open PDF

2) Email chain and our response (9 September 2025)

The cover email (high importance) attaching the cease and desist, and our short response: "Fired Kiwi" is registered - check the register and the law.

Open PDF

3) IPONZ screenshot: "Sacked Kiwi ; SackedKiwi" (IP 1165984)

Register screenshot showing the mark, dates, and class 45 specification.

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4) IPONZ screenshot: "Fired Kiwi" (IP 1168029)

Register screenshot showing Win Kiwi Limited as owner and class 45 registration.

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5) IPONZ screenshot: "Dismissed Kiwi" (IP 1121216)

Register screenshot showing the earlier Win Kiwi Limited registration in class 45.

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6) IPONZ screenshot: search results (Win Kiwi Limited)

Screenshot showing multiple Win Kiwi Limited marks on the register, including Dismissed Kiwi and Fired Kiwi.

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7) Quick Contact abuse screenshot (IP address redacted)

Screenshot of an abusive form submission. The IP address is redacted. Do not publish personal data.

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Need help?

If you have received a cease and desist and want a second set of eyes on it, contact us and include the letter, your registration details (if any), and screenshots/archives showing your first use and ongoing use.