3 Feb 2006
NJ PHILLIPS PTY LTD V FORLONG & MAISEY LTD & ANOR HC HAM CIV 2005-419-565
- Citation
- openlaw-c638ca42_2e73_4d82_9612_d63c67515233.pdf
- Court
- High Court
Counsel's submissions before the Assistant Commissioner do not constitute representations by the plaintiff capable of founding estoppel by representation; the Gillette plea as pleaded is not a standalone defence to infringement and must be struck out in favour of revocation remedies; pleading 'common general knowledge' as a separate ground of lack of novelty is impermissible under s41(1)(e) and r725ZI and must be struck out; words asserting 'the common general knowledge in the art in New Zealand' are beyond s41(1)(f) and must be removed; paragraph 19.4(c) may stand only if particulars of docu…