17 May 2022
CORPORATE CABS LTD v KUMAR [2022] NZHC 1088
- Citation
- [2022] NZHC 1088
- Court
- High Court
On the available evidence the defendant breached the post-termination intellectual property covenant (cl 6.9) by using 'Business Cab(s)' branding and a vehicle presentation confusingly similar to Corporate Cabs; the plaintiff failed to prove a s 9 FTA breach because there was insufficient evidence of a likelihood of deception; because damages were inadequate and the injunction was proportionate to protect contractual rights and goodwill, a permanent injunction restraining use of the infringing brands/elements was warranted.