4 May 2006
AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS
- Citation
- AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. IMPAG TOYS EUROPE BV AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3933/2000
The court held that the word 'aqua' is descriptive of water-related goods and was not inherently adapted to distinguish the plaintiffs' goods; factual distinctiveness was insufficient to overcome the lack of inherent distinctiveness; therefore registrations were entered without sufficient cause under s.9 and should be varied to require a disclaimer of the word 'aqua'. The plaintiffs failed to prove misrepresentation or likelihood of deception by the 6th defendant and the passing off claim failed. Judgment entered for defendants; counterclaim granted in part to vary registrations to require di…