30 Oct 2014
NYDJ APPAREL, LLC v THE COMMISSIONER OF TRADE MARKS [2014] NZHC 2678
- Citation
- [2014] NZHC 2678
- Court
- High Court
In the context of jeans—where stitching commonly functions as a badge of origin—and given NYDJ's use, promotion, retailer recognition and willingness to limit the specification to jeans, specify contrasting red or purple colour and accept a targeted disclaimer, the criss-cross stitching has sufficient distinctive character (including acquired distinctiveness) to permit registration subject to those amendments and the disclaimer.