2 Apr 2019
NZ FINTECH LTD T/A MOOLA v CREDIT CORP FINANCIAL SOLUTIONS PTY LTD T/A WALLET WIZARD [2019] NZHC 654
- Citation
- [2019] NZHC 654
- Court
- High Court
Moola failed to show a serious question to be tried that Wallet Wizard's purchase of the 'Moola' Google Adword amounted to 'use as a trade mark' under s 89(2) because the keyword purchase is an invisible background act and there was insufficient evidence that a substantial number of reasonably informed and attentive internet users would take that use to be trade‑mark use; accordingly the application for an interim injunction was dismissed after weighing the balance of convenience and overall justice (including Moola's own prior keyword bidding and the practicality of quantifying damages).