Tyred Of Rugby?

The silver fern flag is often seen at sporting fixtures involving NZ teams or individuals. Although it has no formal recognition, many regard it as NZ's unofficial logo.
A symbol of national pride, the silver fern's also incorporated into the logos of many NZ businesses and sporting teams, including the All Blacks. But - do correct me if I'm wrong! - as far as I'm aware the emblem doesn't actually belong to anyone.
Now, a New Lynn tyre shop owner is getting rather tired of the NZ Rugby Union...
(1) because it disliked his business name All Black Tyres and Automotive Care, and legally forced him to rename it. Ok, fair enough call.
(2) because now he's facing legal action from NZRU over some blue ferns on his sign.
I could understand it if his image is the exact NZRU one...but is it?
Owner Khaled Sophie says "it's different in shape and colour to the silver fern they've trademarked. The fern belongs to every NZer, it's not for a special company or organisation.''
But NZRU's lawyer claims Sophie's fern is ''a clear copy of the same fern device registered by our client''. And NZRU commercial manager Paul Dalton says the fern logo is a trademark held by them: ''It's pretty straightforward. There are a lot of different fern devices he could have used instead of our one.'' He said the colour had no effect on the trademark...and this is the same guy who thought abstaining from sex to support the ABs was a great idea! Riiiiiiiiiight!
So, is this the exact NZRU fern? Does NZRU have control over all fern logos? And if so, will it be suing all these companies?
Get REAL, NZRU!!