31 Mar 2010
HEARING CARE MANAWATU LIMITED AND ANOR V NATIONAL HEARING CARE (NEW ZEALAND) LIMITED HC AK CIV 2009-404-8506
- Citation
- openlaw-2d58a772_bd22_479f_8744_77d4b6cb9e89.pdf
- Court
- High Court
The plaintiffs established a seriously arguable s 9 claim because the defendant's mark and trade name shared distinctive elements (the words HEARING CARE and a similar swirl) and there was credible evidence of consumer confusion in the Manawatu, Wanganui and Wellington areas (including vulnerable elderly consumers); the balance of convenience and interests of justice required a tailored interim injunction limited to those geographic areas, not a nationwide restraint, and the plaintiffs were not disentitled by delay or acquiescence.