25 May 2012
NUTRAMARKS, INC. V NATURE'S LIFE NZ LTD HC AK CIV 2011-485-002448
- Citation
- openlaw-b92ecf75_c091_4353_a5f9_b9372e0df21f.pdf
- Court
- High Court
Nutramarks failed to discharge its evidential onus to prove awareness of its NATURE'S LIFE marks in the defined specialised New Zealand market at the relevant date because sales evidence was not shown in context and was negligible; on that basis the Assistant Commissioner's decision upholding registration of Nature's Life's mark was correct; alternatively, even if awareness were established, the marks and goods/markets are sufficiently different that use of the Nature's Life mark would not be likely to deceive or cause confusion.
- Likelihood of deception or confusion under s 17(1)(a)
- Market awareness/reputation threshold
- Market definition
- Burden and standard of proof
- Comparison of marks