24 Sept 2018
AUSTRALASIAN CONFERENCE ASSOCIATION LIMITED v A LITTLE BIT OF BRITAIN LIMITED [2018] NZHC 2501
- Citation
- [2018] NZHC 2501
- Court
- High Court
Weetabix is not 'identical' to Weet-Bix (different spelling and aural form) but is similar; use of the Weetabix sign on packaging is likely to deceive or confuse ordinary New Zealand consumers for the purposes of s135 (border protection) and, on balance, use in the course of trade by LBB is likely to deceive or confuse for the purposes of s89; Customs lawfully detained the goods and lawfully granted the limited retroactive extension; the ® symbol on Weetabix packaging is not misleading under the FTA; appropriate remedies are destruction of detained cartons and a conditional permanent injuncti…