14 Dec 2020
ENERGY BEVERAGES LLC v FRUCOR SUNTORY NEW ZEALAND LTD [2020] NZHC 3296 [14 December 2020]
- Citation
- (2020)157 IPR 176
- Court
- High Court
The s75 presumption bars a challenger from bringing a s18(1)(a) invalidity challenge more than seven years after deemed registration; alternatively on the merits the description of the mark as Pantone 376C applied as the predominant colour was a valid sign capable of graphical representation and the written description controls so Frucor's consistent use of Pantone 376C defeated revocation for non-use.