The Dunedin man behind "Nek minnit" has lost the right to trademark the phrase, but in a new twist may soon have it back.
Professional skateboarder and comedian Levi Hawken, formerly of Dunedin, posted a video on YouTube last August, in which he says: "Left my scooter outside the dairy - nek minnit ...", before the clip cuts to a shot of his destroyed board.
The phrase went viral, entering everyday Kiwi language and being parodied in advertising campaigns, songs and even on political billboards.
However, Mr Hawken failed to trademark the phrase.
Auckland business Makan Distillers saw an opportunity to make money from its popularity, and when its marketing department researched the phrase, they were surprised to find it had not been registered.
Television New Zealand's Fair Go featured Mr Hawken's plight last night.
He told the programme he accepted he did not invent the "Nek minnit" phrase, but he brought it to the public's consciousness.
"Now, it just feels like I've kind of lost it and everyone else owns me."
Intellectual property lawyer Earl Grey, of Simpson Grierson, told Fair Go it looked as though Mr Hawken had a case, which rested on whether the public would reasonably expect him to benefit from commercial projects which used the phrase.
The programme advised that while Auckland business Makan Distillers had offered to drop the trademark application, Australian clothing company Supre saw nothing wrong in using the phrase on T-shirts without giving Mr Hawken any proceeds.
Makan director Vas Patel said he first learned Mr Hawken was upset about losing the rights last week.
He understood Mr Hawken had not been aware of the process of registering a trademark.
Mr Patel has not spoken to Mr Hawken, but yesterday offered to hand over the rights if he was willing to reimburse the "couple of hundred bucks" it had cost to register.
"I felt bad for the guy because he came up with the idea. I'll help him out 100%. I'll give him all my love and help," he said.
Asked if he was concerned he might be losing the rights to a potentially million-dollar-earning phrase, Mr Patel said he was not concerned about money.
"It's about making friends too. Brands come and go so we'll know if 'Nek minnit' is going to work."
Intellectual property consultant Murray Stott said anyone could apply to register for a trademark if it was not already owned, but they had to adhere to some regulations.
"It's first in, best dressed. They tick a box claiming that they're using what they're applying for or they intend to use it. If they don't use it within three years it can be revoked,' he said.
About 30% of existing New Zealand companies had no formal intellectual property protection, he said.
Mr Hawken could not be reached for comment.
