New Zealand Case Law: Decisions & Judgments

DREAM DOORS (NZ) LTD v LILLY AND JAY [2015] NZHC 1017

Citation

[2015] NZHC 1017

Court

High Court

Plaintiffs are entitled to costs against both defendants on a 2B basis; bankruptcy of a defendant does not preclude an award of costs where the Official Assignee considers the debt not provable in the bankruptcy and the defendant may have assets; the sum of $12,935 in costs and $336 in disbursements is fair and reasonable based on distinct preparation for interim and formal proof hearings.

12 Feb 2010

FRUCOR BEVERAGES LIMITED V RED BULL GMBH AND ANOR HC AK CIV 2009-404-006525

Citation: openlaw-061df4e2_11a2_40b5_9ec2_e9d1784c1d2e.pdf
Court: High Court

The court held Frucor had not established a serious question to be tried in passing off because it lacked reputation/goodwill in POCKET ROCKET at the relevant date when the defendants first used the phrase. Although Frucor had an arguable s9 claim in principle (Magellan reasoning acknowledged), it failed on the evidence to show defendants' use of 'A BLUE AND SILVER POCKET ROCKET' in promotional material was misleading or likely to mislead a reasonable section of consumers; there was no evidence of confusion, the phrases were used alongside distinctive branding, and the balance of convenience…