6 Jun 2017
INTELACT LIMITED v FONTERRA TM LIMITED [2017] NZHC 1086
- Citation
- [2017] NZHC 1086
- Court
- High Court
The Court held the settlement agreement was a full and final settlement that discharged the plaintiffs' 2014 causes of action (an accord and satisfaction), clause 8 was an unenforceable agreement to negotiate for lack of certainty and thus could not preserve the plaintiffs' original claims, s93 of the Trade Marks Act provided a defence as to use of a registered mark, and the plaintiffs had not validly made time of the essence to cancel; accordingly the amended statement of claim was struck out and summary judgment entered for the defendants.